DEDUCTION 

OF  THE 

TITLE 

OF 

BENJAMIN  L.  BENSON, 

TO 

EIGHTY  ACRES  OF  LAND, 

AT  HARLAEM, 

In^the  Twelfth  Ward  of  the 

CITY  AND  COUNTY  OF  NEW  YORK. 


NEW  YORK: 
Printed  at  144,  Nassau  Street, 


1836. 


i£x  ICthrts 


SEYMOUR  DURST 


When  you  leave,  please  leave  this  hook 

Because  it  has  heen  said 
"Ever  thing  comes  t'  him  who  waits 

Except  a  loaned  hook." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


Wc  the  magistrates,  by  the  consent  and  the  resolution  of  the  Inhabit- 
ants of  this  Town,  have  granted  to  Jan  de  La  Montagne,  to  him 
and  his  heirs  forever  a  piece  of  land  together  with  the  annexed 
meadows,  named  Montagne's  point,  formerly  owned  by  his  late  father, 
lying  within  the  jurisdiction  of  this  Town,  bounded  on  the  North  side 
by  a  creek,  named  Montagne's  kil,  stretching  from  the  East  river  to  a 
fresh  water  Creek,  stretching  between  Montagne's  flats  and  the  afore- 
said point,  On  the  South  side  bounded  by  a  creek  and  a  meadow  and 
by  the  hills,  to  the  aforesaid  fresh-water  Creek  where  the  King's  high- 
way crosses  it ;  with  the  meadows  lying  in  the  bend  of j  Hell-gat,  which 
the  aforesaid  Montagne  has  exchanged  for  the  Town's  meadow  lot, 
with  such  rights  and  privileges  as  are  granted  by  our  patent,  and  yet 
stand  as  granted,  subjecting  him  to  such  law  and  servitudes  as  are  com- 
mon to  us,  and  may  be  imposed,  (without  that  we  the  inhabitants  or  our 
heirs  shall  have  or  preteud  to  have  any  claim,)  but  shall  enter  upon  and 
use  the  same  as  his  other  patrimonial  property,  or  sell  as  he  may  deem 
proper,  or  choose  to  do,  (excepting  the  Lord's  right.)  For  the  greater 
security,  and  that  this  deed  may  have  greater  strength  and  efficacy,  We 
the  Magistrates  and  Constable  have  undersigned  the  same  this  8  Feb- 
ruary 1672,  at  New-Harlem  it  was  signed. 

D.  TOURNEUR, 
RESOLVED  WALDRON. 
JOHANNIS  VERMELJE, 
DAVID  DES  MARES T, 

Peter  Roelefsen,  Constable. 

New  Haerlem  30  March  1G74. 
Agrees  with  the  Register.  Hendr.  J.  Vandervin, 

Secretary. 

New-York  3  Oct.  1711.       Translated  into  English. 

Abraham  Gouverxeur, 

Interpreter  and  Translator. 


135 


TITLE,  &c. 


Extract  from  the  Register  of  New  Harlaem. 


On  the  18th  May,  1671. 

Appeared  before  me  Jan  de  Lamontainje,  by  the  Hon.  Mayor's 
Court  admitted  Secretary  of  this  Town,  Jan  de  La  Montainje  aforesaid, 
and  Jan  Louwe  Van  Schoonderwoord,  who  acknowledged  to  have  bar- 
gained with  one  another  about  the  sale  of  a  piece  of  land  commonly 
called  Montainje's  Point,  or,  by  the  Indians  Wreschowannis,  on  Con- 
dition as  follows.  In  the  first  place  John  de  Lamontainje  aforesaid  con- 
stitutes himself  as  the  seller  and  John  Louwe:  Van  Schoonderwood  as 
the  buyer,  of  the  forenamed  point,  with  the  meadow  lying  in  the  bay  of 
Hell-Hole,  which  the  seller  has  exchanged  for  a  Towns  lot  and  meadow 
— The  point  is  bounded  between  two  creeks,  and  behind  by  a  hill  and  the 
meadow  thereunto  belonging ;  and  all  that  by  nature,  or  by  nails  is 
fast ;  excepting  the  sowing,  and  the  hop  plants  in  the  ground,  with  the 
Apple  and  pear  trees,  and  12  peach  trees,  which  the  said  Seller  reserves 
to  himself,  and  that  for  the  sum  of  Three  thousand  Guilders  in  merchant- 
able wheat  at  the  selling  price,  unless  the  buyer  shall  furnish  himself 
with  any  other  way  of  paying,  he  having  the  benefit  of  choosing;  The 
first  payment  shall  be  on  the  first  day  of  May  next  ensuing,  1672,  of  Fif- 
teen Hundred  guilders,  in  payment  as  before  mentioned  ;  and  the  other 


4 


half,  a  year  after  the  date  of  the  aforesaid  payment  also  of  Fifteen  hundred 
guilders ;  which  said  land  with  the  meadow,  the  seller  promises,  for  the 
aforesaid  sums  to  deliver  free  and  unincumbered,  as  soon  as  the  first  pay- 
ment shall  have  been  made,  excepting  the  Lord's  right  to  the  same,  pro- 
vided the  buyer  shall  give  his  bond  for  the  remaining  payment — The  seller 
shall  remain  in  possession  till  the  first  payment  shall  be  performed  and 
paid.  The  buyer  is  permitted  to  cultivate  the  vacant  ground,  and  if, 
when  the  crop  is  taken  off*,  the  cows  shall  run  to  the  damage  of  the 
buyer,  in  case  it  happen  through  the  negligence  of  the  seller,  the  seller 
promises  to  put  a  stop  to  it.  Moreover  the  aforesaid  buyer  and  seller 
in  perfect  agreement  promise  to  maintain  and  perform  the  above,  in  the 
presence  of  Myndert  Maljaart  and  Dirk  Cornelison,  as  witnesses  hereto 
requested.    Given  in  the  jurisdiction  of  New  Harlem. 

J.  LAMONTAGNE. 

Mark  ^  of  Myndert  Maljaat, 

Dirk  Cornelisen,  Hooglanjj. 


Appeared  before  me,  Hendrick  Jans  :  Vandervin,  Secretary  of  the 
Town  of  New-Harlem,  and  the  afternamed  Witnesses,  Mrs.  Maria  Ver- 
milje,  the  widow  of  Jan  delamontainje,  late  Secretary  of  this  Town, 
who  in  his  life  time  has  sold  to  Jan  Louwe  Van  Schoonderwort  his  piece 
of  land  called  Montainje's  point,  together  with  the  meadows  thereunto 
belonging  as  shown  by  an  article  of  the  sale  thereof  dated  18  May 
1671,  and  by  indenture  bearing  date  8  February  1672,  for  the  sum  of 
Three  thousand  Guilders  ;  of  which  sum  the  Appearer  characterized  as 
above  hereby  acknowledges  the  receipt  in  full  to  the  last  penny,  in  the 
first  place  giving  thanks  to  the  buyer  for  his  punctuality,  and  releasing 
him  from  all  future  demands. 

Therefore,  as  it  has  been  ceded  and  conveyed,  so  the  grantor  hereby 
cedes  and  conveys  the  said  piece  of  land  and  meadows  thereunto  be- 
longing to  him  the  buyer,  in  free  and  true  possession,  as  they  were 
possessed  by  her  without  that  she  the  Appearer  or  her  heirs,  thereto 
shall  claim  any  right :  putting  him  the  said  buyer  into  the  right  and 
actual  possession  of  the  same  without  doing,  or  permitting  any  thing 
against  the  same  ;  promising  always  to  clear  and  defend  this  convey- 
ance ;  to  indemnify  him  and  keep  him  harmless  from  cost  and  damage 
against  every  one  that  may  or  shall  bring  claim  or  pretension  to  the 
same  (all  this  without  art  or  cunning)  ;  To  the  fulfilment  of  this  and 
what  is  before  written  the  Appearer  binds  herself  and  her  property 
personal  and  real  without  any  exception.  The  Appearer  acknowledges 
the  truth  of  this  by  her  own  hand  underwritten  ;  In  presence  of  Mr. 


5 


David  des  Marcst  (ruling  magistrate)  and  Dan :  Tourneur,  as  witnesses 
hereto  besought  and  requested. 

Thus  done  and  executed  at  New-IIarlem  on  the  30th  day  of  the 
month  of  March  1G74. 

MARIA  MONTAINJE. 

Witnesses. 
David  des  Marest, 
Daniel  Tourneur. 

Undersigned 
Hendrick  Jans  :  Vandervin,  Secretary. 
Extract  out  of  the  Register  of  New-Harlem.  - 


Article  of  Sale  and  Transport  from  Maria  Vermelje  to  Cornelia  Evats. 


Appeared  before  me  Hendrick  J :  Vandervin,  by  the  noble  and  very 
honorable  Mayor's  Court,  admitted  Secretary,  residing  in  the  Town  of 
New-Harlem,  and  the  witnesses  hereinafter  named,  Mrs.  Maria  Ver- 
melje widow  of  the  late  John  de  Lamontagnje  of  the  one  part  and  Cor- 
nelia Everts,  as  authorized  by  her  husband  John  Lowe  Van  Schoonde- 
woord  of  the  other  part,  who  acknowledged  to  have  agreed  with  one 
another  as  follows. 

Maria  Vermilje  has  sold  to  Cornelia  Everts,  (in  the  character  before 
mentioned  as  the  Seller)  a  hop-garden  lying  behind  the  land  of  John 
Lou  we  over  against  the  hill  together  with  the  rights  and  the  appur- 
tenances of  which  she  the  seller  was  possessed,  for  the  sum  of  Three 
hundred  guilders,  for  which  sum  she  acknowledges  that  she  has  been 
fully  satisfied  and  paid  to  the  last  penny.  Therefore  she  has  granted 
and  conveyed  the  said  hop-garden  with  the  appurtenances,  to  the  said 
John  Louwe  Van  Schoonderwoort  in  free  and  full  possession,  as  she  the 
seller  in  right  had  thereunto,  Letting  the  buyer  do  therewith  according 
to  his  good  pleasure  :  promising  this  conveyance  to  keep  clear  and  de- 
fend against  all  and  every  action,  or  claim  against  the  said  hop-garden, 
(excepting  the  right  of  the  Lord,  without  art  or  cunning.) 

Thus  dune  at  New-Harlem  in  the  presence  of  Daniel  Tourneur  and 
Thomas  Holland  as  witnesses  hereto  requested  and  who  have  signed 
these  presents  with  the  appearers  and  me  the  Secretary,  14  November 
1679.    Witnessed  by  me, 

MARIA  VERMILJE, 
Mark  of  ^  CORNELIA  EVERTS. 
Daniel  Tourneur, 
Mark  of  H  Thomas  Holland. 

Attest,      Hendrick  J.  Vandervin,  Secretary. 


6 


(Copy.) 

FOR  JOHN  LOWE  BOGERT. 

2  May  1700  and  )  At  a  town  meeting  held  of  the  Town  of  Har- 
signed  on  21  xMarch  >  lem.  Present,  the  Overseers  and  the  Authorized 
1701.  )  men. 

Lawrence  Jansen,      ^         (     Arent  Harmansen, 
Peter  Van  Oblinus,  >  and  <     Adolph  Myers, 
Jaques  Turnieur,       )         (     Samuel  Waldron. 

By  order  of  Adolph  Myers,  John  Hendrickson  Brevoort,  Peter  Van 
Oblinus  and  Samuel  Waldron,  authorized  men  of  the  community  at 
New  Harlaem,  as  appears  by  the  date  of  29  November  and  11  Decem- 
ber 1691.  was  surveyed  for  the  person  following  the  following  land  and 
whereupon  the  overseers  and  the  authorized  men  have  written  the 
following  deed  for  which  they  were  authorized  on  the  14  December 
1699. 

There  is  described  for  John  Lowe  Bogert  for  the  right  of  16  morgans 
land  and  lot  right  a  piece  of  land  lying  in  the  bend  of  the  Helle  Hole 
(Helle-gat)  beginning  at  the  South  West  corner  of  the  Hopp  garden  by 
a  birch  tree  to  a  white  oak  tree  standing  by  a  small  thicket  (cruprel 
bush)  marked  I  L  B  and  I  D  L  towards  the  river  past  a  rock  marked 
J  L  B.  and  J  D  L  and  so  on  to  the  beach  to  the  end  of  a  meadow  north 
of  a  rocky  hill  as  it  is  at  present  fenced  in. 

Signed 

Overciers.  ~\  Authorized  Men. 

Peter  Van  Oblinis,  |  Samuel  Waldren,  Peter  Van  Ob- 

Jaques  S  T  his  mark  Tourneur,  ;>linis,  Arent  H.  Bussing,  A  M  Ad- 
Lowrens  Jansen.  olph  Myer,  S  T  Jaqves  Tourneur 

J  Lowrens  Jansen,  his  ^  mark. 


ADR  VERMEULE,  Clerk. 


7 


This  Indenture  made  the  twenty-first  day  of  September,  in  the  fifth 
yeare  of  the  reigne  of  our  sovereigne  Lady  Anne,  by  the  grace  of  God, 
of  England,  Scotland,  France  and  Ireland,  Queen,  defender  of  the  faith, 
&c.  and  in  the  yeare  of  our  Lord  Christ,  one  thousand  seven  hundred  and 
six,  between  John  Lowesen  Bogert,  of  Harlem,  on  New  York  Island, 
yeoman,  and  Cornelia  his  wife,  of  the  one  parte,  and  Johannes  Bensen, 
of  the  Bowery,  within  the  limitts  of  the  city  of  New  York,  yeoman,  of 
the  other  parte. 

Whereas,  John  De  Lamontaine,  late  of  Harlem  aforesaid,  yeoman, 
deceased,  by  an  instrument  of  sale,  beareing  date  the  18th  day  of  May, 
Anno  Domini,  1671,  forthe  consideration  therein  mentioned,  did  bargaine 
and  sell  unto  the  said  John  Lowesen  Bogert,  a  certain  parcell  and 
meadows,  commonly  called  "  Montaine's  Point,"  and  by  the  Indians  or 
natives  of  the  countrey,  called  "  Rechcowanis."  The  said  land  and 
meadow  being  bounded  on  the  north  side  with  a  kill  or  creek,  commonly 
called  "  Montanie's  Kill,"  stretching  from  the  east  river  to  a  certain  ffresh 
run  or  kill,  runing  betwixt  Montaine's  Plain  and  the  aforesaid  point ; 
bounded  on  the  south  with  a  run  or  kill  and  a  meadow,  and  with  hills 
till  it  meets  with  the  aforesaid  fresh  run  or  kill,  over  which  runs  the 
King's  highway,  together  with  the  meadow  lying  in  the  bay  of  Hellgate 
which  the  said  Montanie  exchanged  for  a  townes  lot  of  meadow. 

And  whereas,  it  soe  pleased  God  that  the  said  John  De  Lamontanie 
came  to  die,  before  all  the  conditions  in  the  said  bill  of  sale  were  due  to 
be  performed.  And  whereas,  afterwards  the  said  John  Lowesen  Bogert 
paid  the  remainder  of  the  consideration  money  in  said  instrument  of 
sale  mentioned  to  Maria  the  widdow  and  relict  of  the  said  John  De 
Lamontanie,  she,  the  said  Maria,  by  a  certain  deed  or  instrument  in 
writing,  under  her  hand,  beareing  date  the  thirtith  day  of  March,  Anno 
Domini,  1674,  did  confirm,  transport  and  make  over  to  him  the  said  John 
Lowesen  Bogert,  all  the  above  recited  premises  as  by  the  said  instrument, 
relation  being  thereunto  had  more  fullv  and  at  large  may  appeare.  And 
whereas,  the  said  Maria,  widdow  of  the  said  John  De  Lamontanie,  by  her 
certaine  bill  of  sale,  beareing  date  the  fourth  day  of  November,  Anno 
Domini,  1679,  for  the  consideration  therein  mentioned, did  grant,  bargaine 
and  sell  to  the  said  Cornelia,  the  wife  of  the  said  John  Loweson  Bogert, 
being  authorized  by  her  said  husband  to  purchase  a  certaine  hopp  garden, 
lying  at  the  reare  of  the  land  heretofore  granted  to  the  said  John  Lowe- 
son  Bogert,  by  the  said  John  De  Lamontanie  and  Maria  his  wife,  betwixt 
said  land  and  the  hill  thereto  adjoyning,  with  all  the  right  and  title  thereto 
belonging,  as  by  the  said  bill  of  sale,  relation  being  had  to  the  same  at 
large  may  appeare.    And  whereas,  the  patentees  and  freeholders  of  the 
towne  of  Harlem  aforesaid,  at  a  towne  meeting  held  at  said  towne,  the 


8 


11th  day  of  December,  Anno  Domini,  1691,  did  make  choice  of  Adolph 
Myer,  Jan  Hendrixse  Brevoort,  Samuell  Waldron  and  Peter  Van  Oblinus, 
to  ley  out  the  undivided  land  belonging  to  the  said  towne's  patent,  as  by 
the  minute  or  order  thereof  being  entered  in  the  publick  register  of  the 
said  towne's  affaires,  signed  by  sixteen  of  the  said  patentees,  ffreeholders 
and  inhabitants  of  said  towne  at  large  may  appeare.  And  whereas,  the 
said  patentees  and  freeholders,  at  another  towne  meeting,  held  ihe  4th 
day  of  January,  Anno  Domini,  1699,  then  unanimously  consented,  and 
it  was  agreed  and  concluded  that  each  ffreeholders  should  be  oblidged  to 
pay  his  proportion  of  all  publick  charges  that  acrewed  in  said  towne, 
proportionable  to  the  lands  they  had  within  the  limitts  of  the  said  towne, 
and  should  likewise  have  a  right  to  and  receive  their  just  proportion  of 
the  undivided  lands  belonging  to  the  said  towne,  proportionable  to  their 
said  quantity  of  lands  by  them  held  and  enjoyed,  as  by  the  order  or 
agreement,  entered  likewise  in  the  publick  register  of  said  towne,  and 
signed  by  twenty-two  of  the  $aid  patentees  and  ffreeholders,  relation 
being  had  to  the  same  at  large  will  appeare.  And  whereas,  the  said  John 
Lowesen  Bogert,  by  virtue  of  the  above  recited  instrimuments  of  sale, 
stood  then  lawfully  seized  of  the  said  parcell  of  land,  called  Montanie's 
Point  and  meadow  there  adjoyning,  which,  by  competation,  containes 
sixteenc  morgan,  or  thereabouts,  be  it  more  or  less.  As  also  of  the  hopp 
garden  above  mentioned.  And  whereas,  the  said  John  Lowesen  Bogert, 
in  compliance  with  the  said  order  last  above  recited,  hath  ever  since 
from  time  to  time,  paid  his  share  of  the  taxes  and  towne  charges  propor- 
tionable to  the  contents  of  the  lands  which  he  held  and  enjoyed,  as  by 
the  tax  rolls  and  book  of  the  towne  rates  at  large  may  appeare.  And 
whereas,  the  said  Adolph  Myer,  John  Hendrixse  Brevoort,  Samuell 
Waldron  and  Peter  Van  Oblinus,  pursuant  to  the  trust  in  them  reposed 
and  the  authority  to  them  given  and  granted  as  aforesaid,  upon  the  21st 
day  of  March,  Anno  Domini,  1701,  made  their  return  to  the  magistrates 
of  the  said  towne,  that  amongst  other  parcels  of  land  by  them  laid  out  a 
lot  for  John  Lowesen  Bogert,  for  the  right  of  sixteene  morgan  of  land, 
and  one  lott  of  land  then  in  his  possession,  (viz.) — All  that  a  certaine 
parcell  of  land,  lying  in  the  bought  of  Hellgate  ;  beginning  on  the  south 
west  corner  of  the  hopp  garden,  by  a  berken  boom  or  burlch  tree,  run- 
ning to  a  white  oake  tree,  which  stands  by  a.small  swamp,  markt  with  the 
letter's  I.  L.  B.  and  the  letters  I.  L.  D.,  towards  the  river,  running  by  a  rock 
markt  I.  L.  B.  and  I.  D.  L.  and  So,  running  towards  the  strand  or  river  side, 
to  the  end  of  a  meadow  on  the  north  of  a  stoney  or  rocky  hill,  as  it  was 
then  in  fence,  known  by  the  name  of  the  lot  No.  25,and  which  joynes  to  the 
south  side  of  the  above  mentioned  lands  and  meadowes  of  him  the  said 
John  Lowesen  Bogert,  as  by  the  said  return  and  the  approbation  of  the 


9 


overseers  and  magistrates  of  Harlem  aforesaid,  on  the  same  likewise 
entered  in  the  publick  register  of  said  towne  will  appeare,  relation  being 
had  to  the  same,  which  said  lott  of  land,  as  it  is  above  butted  and  bounded, 
was  likewise  confirmed  to  the  said  John  Lowesen  Bogert,  his  heires  and 
assignesforever,by conveyance  from  JoastOblinus,the  surviving  patentee 
or joynt  tenant  in  the  old  patent  of  Harlem,  for  the  consideration  therein 
mentioned,  as  by  said  conveyance,  bearing  date  the  14th  day  of  February, 
Anno  Domini,  1701,  at  large  will  appeare,  relation  being  had  to  the  same. 
And  which  was  likewise  by  Adolph  Myer,  John  Hendrixse  Brevosrt, 
Samuell  Waldron  and  Peter  Van  Oblinus,  by  their  indenture,  beareing 
date  the  14th  day  of  September,  Anno  Domini,  170G,  as  trustees  for  said 
towne  of  Harlem,  confirmed  and  released  to  him  the  said  John  Lowesen 
Bogert,  as  by  the  said  indenture,  relation  being  thereunto  had  more  fully 
and  at  large  will  appeare.  Now  this  indenture  witnesseth,  that  the  said 
John  Lowesen  Bogert,  and  Cornelia  his  wife,  for^and  in  consideration  of 
the  sum  of  six  hundred  and  fifty  pounds,  current  money  of  New  York,  to 
them  well  and  truely  in  hand,  paid  by  the  said  Johannes  Bensen, 
before  the  ensealeing  and  delivery  hereof,  the  receipt  whereof  they  do 
hereby  acknowledge  and  themselves  to  be  therewith  fully  satisfied,  con- 
tented and  paid,  and  thereof  and  therefrom,  and  of  and  from  all  and  every 
parte  and  parcell  thereof,  they  doe  fully,  freely  and  absolutely  acquitt,  re- 
lease, exonerate  and  discharge  him  the  said  Johannes  Bensen,  his  heires, 
executors,  administrators,  and  assigns,  by  these  presents  have  given, 
granted,  bargained,  sold,  conveyed,  enfeoffed,  assured  and  confirmed,  and 
doe  by  these  presents  give,  grant,  bargaine.  sell,  convey,  enfeoff,  assure 
and  confirme  unto  him  the  said  Johannes  Bensen,  his  heires,  and  assigns 
for  ever,  all  and  every  the  above  recited  or  mentioned  parcells  of  land  and 
meadowes,as  they  are  in  the  above  recitalls  perticularly  exprest,  butted, 
bounded  and  granted  to  him  the  said  John  Lowesen  Bogart  and  Cornelia 
his  wife  wife,  together  with  all  and  singular  the  buildings,  erections, 
houses,  barns,  stables,  out-houses,  orchards,  gardens,  flences,  meadowes, 
marches,  swamps,  creeks,  ponds,  waters,  water  courses,  springs,  foun- 
tains, privilidges,  improvements,  pathes,  passages,  commons  and  com- 
mon of  pasture,  woods,  underwoods,  priviledge  in  the  undivided  lands 
and  appurtenances  whatsoever  to  the  same  granted  parcell  of  land 
and  meadowes,  of  right  belonging  and  appertaining  ;  and  the  reversion 
and  reversions,  remainder  and  remainders,  rents,  issues  and  profitts 
of  the  same  and  all  and  every  parte  and  parcell  thereof ;  and  also  all 
deeds,  writings  and  evidences  touching  and  conserning  the  premises 
hereby  granted  ;  and  all  the  estate,  right,  title,  dower,  interest,  pro- 
perty, possession,  claim  and  demand  whatsoever,  of  them  the  said 
John  Lowesen  Bogert  and  Cornelia  his  wife,  of,  in  or  to  the  same. 

2 


10 


or  all  or  any  parte  or  parcell  thereof,  to  have  and  to  hold  all  and 
singular  the  said  parcells  of  lands,  meadowes  and  premisses  before  in 
these  presents  granted  and  recited  to  him  the  said  Johannes  Bensen, 
his  heires  and  assignes  forever,  to  the  onely  proper  use,  behoof  and 
benefitt  of  him  the  said  Johannes  Bensen,  his  heires  and  assignes  for 
ever;  yielding,  rendering  and  paying  yearely  and  every  yeare  to  the 
Queen's  Majestie,  her  heires  and  successors,  or  such  as  shall  be 
authorized  to  receive  the  same,  his  proportion  of  the  quit-rent  re- 
served in  the  generall  patent  of  Harlem,  according  to  the  quan- 
tity of  land  hereby  granted.  And  the  said  John  Lowesen  Bogert 
and  Cornelia  his  wife,  for  themselves,  their  heires,  executors  and  ad- 
ministrators doe  covenant,  grant  and  agree  to  and  with  the  said  Johan- 
nes Bensen,  his  heires  and  assignes,  in  manner  and  form  following, 
(that  is  to  say,)  that  the  said  John  Lowessen  Bogert  and  Cornelia  his 
wife,  at  the  time  of  ensealeing  and  delivery  of  these  presents,  are,  and 
until  a  good,  perfect  and  absolute  estate  of  inheritance  of  all  and 
singular  the  recited  and  granted  parcells  of  lands,  meadowes  and  pre- 
mises, with  the  hereditaments  and  appurtenances  and  every  part  and 
parcel  thereof,  shall  be  fully  vested,  settled  and  executed  in  and  upon 
the  said  Johannes  Bensen  and  his  heires  and  assignes  forever,  shall 
remain  and  continue,  and  be  seized  of  and  in  said  parcells  of  land, 
meadowes  and  premises,  with  the  hereditaments  and  appurtenances 
and  every  parte  and  parcell  thereof,  of  a  good,  pure  perfect  and  abso- 
lute estate  of  inheritance,  in  fee  simple,  without  any  condition  or 
limitation  of  use  or  uses,  estate  or  estates  whatsoever,  to  alter,  chainge, 
defeat,  determine  or  make  void  the  same.  And  further,  that  the  said 
John  Lowesen  Bocrert  and  Cornelia  his  wife,  at  the  time  of  the  en- 
sealeing  and  delivery  of  these  presents,  have,  or  some  of  them  hath 
full  power  and  good  ri^ht,  lawful  and  absolute  authority  to  grant,  bar. 
gaine,  sell  and  convey  all  and  singular  the  before  hereby  granted  and 
bargained,  or  mentioned  to  be  granted  and  bargained,  and  which  in 
these  presents  are  above  recited  tracts  or  parcells  of  lands,  meadowes 
and  premisess,  with  the  appurtenances  unto  the  said  Johannes  Ben- 
sen, his  heires  and  assignes  forever ;  and  that  the  said  Johannes  Ben- 
sen, his  heires  and  assignes,  and  every  of  them  shall  at  all  times  here- 
after lawfully,  quietly  and  peaceably  have,  hold,  use,  occupy,  possess 
and  enjoy  the  said  tracts  and  parcells  of  lands,  meadowes  and  premises, 
with  the  hereditaments  and  appurtenances,  and  every  part  and  par- 
cell  thereof,  and  have,  take  and  receive  the  rents,  issues  and  profitts 
thereof,  to  his  and  their  own  proper  use  and  behoof  forever,  without 
any  lawfull  let,  suite  eviction,  denial,  interuption  or  molestation  of  the 
said  John  Lowesen  Bogert  and  Cornelia  his  wife,  or  either  of  them, 


11 


their  heires  and  assignes,  or  any  other  person  or  persons  lawfully  claim- 
ing any  right  or  title  to  the  same  ;  and  that  they  the  said  John  Lowe- 
sen  Bogert  and  Cornelia  his  wife,  the  said  parcells  of  lands  and  mca- 
dowcs,  with  the  premises,  hereditaments  and  appurtenances  unto  the 
same  belonging,  and  which  is  herein  above  recited,  and  hereby 
granted  by  themselves,  their  heires,  executors,  administrators  or  some 
of  them,  or  at  their  or  some  of  their  own  proper  cost  and  charges, 
to  him  the  said  Johannes  Bensen,  his  heires  and  assignes,  against  all 
people,  person  or  persons  whatsoever,  lawfully  haveing,  or  at  any 
time  hereafter  claiming  any  right  or  title  to  the  same,  by  any  lawe- 
ful  waves  or  meanes  whatsoever,  shall  and  will  warrant  and  forever 
by  these  presents  defend. 

In  witness  whereof,  the  partyes  to  these  presents  have  interchange- 
ably sett  their  hands  and  seales  hereunto,  the  day  and  yeare  first  above 
written. 

JOHN  LOWESEN  BOGERT,  ^  his  mark. 
CORNELIA  BOGERT,  ^  her  mark. 

Sealed  and  deli-   C  E.  L.  Blagge, 
vered  in  the  pre-  <  Jos.  Huddleston, 
sence  of  us,        (  Wm.  Huddleston. 


New  York,  Feby.  ey  10th,  1706-7. 

Then  apeared  before  me,  David  Provoost,  one  of  her  Majesties 
Justices  of  *  Peace,  for  «  City  and  County  of  New  York,  the  within 
named  John  Lowe  Bogart  and  Cornelia  Bogart  his  wife,  whome  being 
privately  examined,  and  did  both  declare  this  the  within  instrument,  to 
be  their  voluntary  act  and  deed,  as  witness  my  hand  «  date  ut  supra. 

D.  PROVOOST- 

Recorded  in  the  office  of  the  Register  in  and  for  the  City  and  County 
of  New  York,  in  Liber  226,  of  Conveyances,  Page  37,  this  21st  of  Sep- 
tember, 1827,  at  a  quarter  past  ten  o'clock,  A.  M. 


Examined  by 


Jas.  W.  Lent,  Register. 


12 


WILL  OF  JOHANNES  BENSON. 


In  the  name  of  GOD,  Amen.- — The  ninth  day  of  May,  in  the  tenth 
year  of  her  Majesties  reign,  and  in  the  year  of  our  Lord  and  Saviour 
Jesus  Christ  one  thousand  seven  hundred  and  eleven,  I,  Johannes  Ben- 
son, of  New  York  Island,  yeoman,  being  sick  and  weak  in  body,  but 
thanks  be  to  God,  of  perfect  remembrance,  do  make  this  my  last  will 
and  testament,  in  manner  and  form  following,  that  is  to  say  : — First,  I 
bequeath  my  immortal  soul  into  the  mercyfull  hand  of  God  that  gave  it 
me,  and  my  body  to  the  earth  to  be  decently  Buryed,  at  the  discretion  of 
my  executrix  hereafter  named,  hoping  in  and  through  the  merits  and 
intercession  of  Jesus  Christ  my  Saviour,  for  a  joyful  resurrection  to 
Eternal  Life  and  Glory.  And  as  for  the  disposition  of  my  worldly 
estate,  I  do  give,  devise  and  bequeath  the  same  as  followeth,  (That 
is  to  say) 

First.  I  do  by  these  presents  Revoake  and  make  null  and  void  of 
none  effect  all  former  wills  and  testaments  heretofore  by  me  made. 

Item.  I  will  that  all  my  just  debts  Legacies  and  funeral  expences 
shall  be  paid  and  satisfyed  in  convenient  time  after  my  decease. 

Item.  I  bequeath  to  my  son  Samson  Benson,  the  sum  of  five  pounds, 
current  money  of  New  York,  in  full  of  his  pretence  of  being  my  eldest 
son  or  heire  at  Law. 

Item.  I  bequeath  to  my  youngest  son  Johannes,  my  great  bible,  after 
the  decease  of  myself  and  my  wife. 

The  rest  of  my  estate  real  and  personal,  I  give  and  bequeath  to  my 
loving  wife  Elizabeth  Benson,  for  and  during  her  natural  life,  if  shall  so 
long  remain  my  widdow,  To  Have  and  To  hold  the  same  to  her  my 
said  wife  Elizabeth,  for  and  during  her  natural  life,  on  condition  as 
aforesaid.  But  if  she  come  to  marry  again,  then  to  have  and  to  hold 
the  moiety,  or  one  half  of  my  said  estate  real  and  personal  for  and 
during  her  natural  life  only.  The  Reversion  and  Remainder  of  my 
estate  real  and  personal,  I  give  to  my  loving  children  by  names,  Sam- 
son, Derick,  Mathew,  Johannes,  Catalina,  Rachell,  Catherine,  Maritie, 
And  for  a  share  the  two  children  of  my  daughter  Lena  deed  ;  in  all 
mine  shares,  to  be  divided  in  nine  equal  and  even  shares  ;  to  each  of 
them  my  said  nine  children  one  equal  ninth  part,  to  hold  to  each  of  them, 
their  heirs  and  assigns  forever.  And  if  it  should  happen  that  my  said 
wife  Elizabeth  should  come  to  dye  before  my  youngest  child  Johannes 
attaine  lawful  age,  that  then  my  said  real  estate  shall  not  be  sold  till  he 


13 


shall  be  twenty  one  years  of  age,  at  which  time  it  shall  be  sold  to  the 
highest  bidder  amongst  my  children,  and  divided  in  nine  shares  or  parts 
as  aforesaid. 

Executrix  of  this  my  last  will  and  testament,  I  make  and  appoint  my 
said  loving  wife  Elizabeth  Benson,  desiring  her  to  see  this  my  last  will 
performed. 

It  Witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  day  and 
year  first  above  written. 

Signed  JOHANNES  BENSON,    [l.  s.] 

Sealed,  signed,  published  and  )  Myndert  Binger, 
declared  in  the  presenc  of  us  >  Abraham  Meyer, 
witnesses  thereto  desired,      )  William  Huddleston. 

Will  proved  and  letters  testamentary  granted  on  the  20th  day  of  May, 
1718,  by  Robert  Hunter,  Captain  General  and  Governour  in  Chief  of  the 
Province  of  New  York,  &c.,  unto  Elizabeth  Benson  my  executrix  named 
in  said  will. 

Will  supposed  to  be  recorded  in  the  Secretary  of  States  office, 
Albany. 


This  Indenture  had  made  and  concluded  on  the  third  day  of  February, 
the  first  year  of  the  glorious  reign  of  our  Sovereign  Lord  George,  by  the 
grace  of  God  of  Great  Britain,  France  and  Ireland  king,  defender  of  the 
faith,  &c,  Annoque  Domini  one  thousand  seven  hundred  and  fifteen, 
Between  Peter  Van  Oblinus  of  New  Harlem,  in  the  county  and  province 
of  New  York,  in  America,  Yeoman,  Samuel  Waldron  of  Hornshook,  in 
the  liberty  of  Harlem,  and  county  aforesaid,  Yeoman,  and  Maria  Meyer 
of  New  Harlem  aforesaid,  widow,  of  the  one  part,  and  Elizabeth  Benson, 
widow  and  relict,  as  also  executrix  of  the  last  will  and  testament  of 
Johannes  Benson,  late  of  the  point,  in  the  liberty  of  New  Harlem  afore- 
said, deceased,  of  the  other  part.  Whereas  his  royal  highness  James 
Duke  of  Albany  and  Yorke,  by  Richard  Nicholls,  Esqr.,  his  governour 
of  all  his  territories  in  America,  in  and  by  a  certain  patent  or  confirma- 
tion, bearing  date  at  ffbrt  James,  in  New  York  in  America,  the  seventh 
day  of  October,  in  the  Nineteenth  year  of  the  reign  of  our  late  Sovereign 
Lord  Charles  the  Second,  of  blessed  memory,  Annoque  Domini  one  thou- 
sand five  hundred  and  fifty  seven,  Did  ratefy,  confirm  and  grant  unto 
Thomas  De  la  Val,  Esq.  John  Yer  Veulen,  Daniel  Turneur,  Joast  Van 
Oblinus  and  Resolved  Waldron  as  patentees,  for  and  on  the  behalf  of 
themselves  and  their  associates,  the  freeholders  and  Inhabitants  of  the 
said  Town  of  New  Harlem,  their  heirs,  successors  and  assigns,  all  that 


14 


tract  with  the  several  parcels  of  land  which  already  have  or  hereafter 
shall  be  purchased  for  and  on  the  behalf  of  the  said  town,  within  the 
bounds  and  limits  therein  set  forth  and  expressed,  To  have  and  to  hold 
all  and  singular  the  said  Land,  &c,  unto  the  said  Patentees  and  their 
associates,  their  heirs,  successors  and  assigns  forever,  as  by  the  said 
patent  or  confirmation,  reference  being  thereunto  had  at  large  may  ap- 
pear, the  said  above  named  five  patentees  having  not  at  any  time  during 
their  natural  lives  or  joint  tenancy,  made  any  lawful  partition,  by  release 
or  otherwise  to  each  other,  to  alter  the  said  joint  tenancy,  and  the  said 
Joast  Van  Oblinus  having  survived  the  rest  of  the   above  named 
patentees  and  is  since  deceased,  the  premises  by  reason  thereof,  be- 
came vested  in  the  said  Peter  Van  Oblinus,  son  and  heir  of  the  said 
Joast  Van  Oblinus.    And  whereas  the  said  Peter  Van  Oblinus  with  the 
present  freeholders  and  Inhabitants  of  the  said  town,  by  a  certain 
instrument  in  writing,  under  their  hands  and  seals,  dated  the  nineteenth 
of  May,  one  thousand  seven  hundred  and  eleven,  did  agree  that  a  divi- 
sion be  made  of  such  lands  as  were  then  yet  undivided,  belonging  to 
the  said  town,  and  whereas  the  said  freeholders  and  inhabitants,  in  and 
by  another  Instrument  in  writing,  under  their  hands  and  seals,  dated  the 
two  and  twentieth  day  of  March,  one  thousand  seven  hundred  eleven- 
twelve,  did  agree  and  consent  that  sixty  acres  of  the  said  undivided 
lands  should  be  first  laid  out  and  appropriated  and  given  to  the 
heirs  and  assigns  of  the  said  patentees,  to  be  equally  divided  amongst 
them,  in  consideration  whereof  the  said  heirs  or  assigns  or  the  major 
part  of  them  should  make  and  perfect  such  conveyance  or  conveyances 
as  shall  be  thought  proper  to  be  made  and  perfected,  (by  council  learned 
in  the  law)  for  the  better  confirmation  of  the  titles  of  the  rest  of  the 
freeholders  to  the  lands  they  were  then  lawfully  possest  of,  and  to  such 
other  Lands  as  might  afterwards  be  laid  out  and  lawfully  appropriated 
to  them  out  of  the  remainder  of  the  undivided  lands,  and  whereas  the 
division  of  the  same  is  now  made  and  perfected  according  to  the  several 
agreements  of  the  freeholders  as  above  mentioned,  and  according  to  the 
direction  in  an  act  of  assembly  past  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  eight,  in  the  seventh  year  of  her  late  Majesty's  reign, 
entitled  an  act  for  the  easier  partition  of  lands  in  joynt  tenancy  or  in 
common.    Now  this  Indenture  witnesseth  that  they  the  said  Peter  Van 
Oblinus,  Samuel  Waldron  and  maria  Meyer,  for  and  in  consideration  of 
the  said  sixty  acres  of  land  to  the  heirs  and  assigns  of  the  said  patentees, 
layed  out  and  appropriated  as  aforesaid,  and  for  and  in  consideration  of 
the  sum  of  five  shillings  current  money  of  New  York,  to  them  well  and 
truly  in  hand  paid,  before  the  ensealing  and  delivery  of  these  presents 
by  the  said  Elizabeth  Benson,  the  receipt  whereof  they  do  hereby  ac- 


15 


knowledge,  and  themselves  to  be  therewith  fully  satisfied,  contented  and 
paid,  and  thereof  and  therefrom  and  of  and  from  every  part  and  parcel 
thereof,  Do  fully,  freely  and  absolutely  acquit,  release,  exonerate  and 
discharge  her  the  said  Elizabeth  Benson,  her  heirs,  executors,  adminis- 
trators and  assigns  forever,  by  these  presents  Have  granted,  remised, 
released  and  forever  quit-claimed,  and  do  by  these  presents,  for  them- 
selves, their  associates  the  freeholders  and  inhabitants,  their  heirs,  suc- 
cessors and  assigns,  clearly,  freely  and  absolutely  grant,  remise,  release 
and  forever  quit-claim  unto  the  said  Elizabeth  Benson,  in  her  full  and 
peaceable  possession  and  seizure  belonging,  and  her  heirs  and  assigns 
forever,  all  the  estate,  right,  title,  interest,  property,  claim  and  demand 
whatsoever,  which  they  the  said  Peter  Van  Oblinus,  Samuel  Waldron 
and  Maria  Meyer,  their  associates  the  freeholders  of  the  said  town  now 
have,  or  hereafter  may  or  ought  to  have,  of,  in  or  to  all  those  several 
JLotts,  parcels  and  additional  pieces  of  land,  houses,  out  houses,  buildings, 
erections,  barns,  stables,  orchards,  gardens  and  improvements  whatso- 
ever, whereof  the  said  Elizabeth  Benson  or  her  said  late  husband  Johan- 
nes Benson,  deceased,  at  any  time  before  the  date  hereof  stands  lawfully 
possessed,  either  by  former  permits,  grants,  divisions  or  allottments  of 
the  above  named  patentees,  or  freeholders,  or  magistrates  of  the  said 
town  of  New  Harlem,  or  by  virtue  of  former  grants,  bargains,  sales  and 
conveyance  or  conveyances  of  any  person  or  persons  whatsoever.  But 
more  especially  of,  in  or  to  all  those  several  Lotts  and  parcels  of  land 
hereinafter  named,  surveyed  and  laid  out  by  Peter  Berryeu,  in  the 
several  divisions  as  follows,  that  is  to  say:  In  the  first  division,  the  Lott 
number  twelve,  containing  twelve  acres,  three  quarters  and  nine  rodds, 
being  in  breadth  twenty  one  rodds,  lying  between  the  lands  of  Arent 
Bussing  and  Jacob  Turneur,  running  from  the  land  of  captain  De  Key, 
to  the  land  of  Peter  Van  Oblinus,  north  seventy  nine  degrees  East. 
In  the  second  division,  the  Lott  number  eight,  containing  twenty  two 
acres,  one  quarter  and  eight  rodds,  being  in  breadth  along  the  high- 
way about  forty  rodds,  and  runs  from  said  way  South  forty  five  de- 
grees, East  and  South  fifty  degrees  and  one  third  of  a  degree,  East 
between  the  land  of  captain  Congreve  and  John  Nagle,  to  Harlem 
River.  In  the  third  division,  the  Lott  Number  Eighteen,  containing 
five  acres,  three  quarters  and  two  Rodds,  the  same  containing  in 
breadth  about  nineteen  rodds  and  a  half,  and  runs  from  the  middle 
line  in  this  division  between  the  land  of  Metije  and  Lawrence  Cor- 
nelison,  and  some  common  land,  South  fifty  three  degrees,  East  to 
the  meadow  at  Harlem  River  aforesaid.  And  in  the  fourth  division, 
Number  eighteen,  containing  nine  acres,  three  quarters  and  twenty 
two  rodds,  being  in  breadth  eighteen  rodds,  and  runs  from  a  North 


16 


Northwest  line  drawn  from  the  little  bridge  at  John  Dickman's  land, 
north  sixty  seven  degrees,  West  between  the  land  of  Isaac  De  la 
Matre  and  some  common  land,  to  Hudson's  river,  as  may  appear  by 
the  several  draughts  of  the  same,  To  have  and  to  hold  the  said 
several  Lotts  parcels,  additions  and  divisions  of  the  Land  and  improve- 
ments above  named,  together  with  all  ways,  waters,  water  courses, 
woods,  underwoods,  trees,  timber,  rights,  liberties,  priviledges,  im- 
munities, easements,  profits  and  commodities,  hereditaments  and  ap- 
purtenances whatsoever  unto  the  same  belonging,  or  in  any  wise 
appurtaining,  unto  her  the  said  Elizabeth  Benson,  her  heirs  and  as- 
signs forever,  unto  the  only  sole  and  proper  use,  benefit  and  behoof, 
of  her  the  said  Elizabeth  Benson,  her  heirs  and  assigns  for  ever,  in 
such  manner  as  is  willed  and  directed  in  and  by  the  said  John  Ben- 
son's last  will  and  testament,  declared  in  writing  on  the  ninth  day 
of  May,  one  thousand  seven  hundred  and  eleven,  to  which  refer,  So 
that  neither  they  the  said  Peter  Van  Oblinus,  Samuel  Waldron  and 
Maria  Meyer,  nor  any  other  person  or  persons  for  them,  or  in  their 
name  or  names,  right,  use  or  stead,  shall  or  may,  by  any  ways 
or  means,  hereafter  have  claim,  challenge  or  demand  any  estate  or 
interest  of,  in  or  to  the  premises  or  any  part  thereof,  (by  virtue  of 
the  said  patent  above  recited  or  otherwise.)  But  from  all  action, 
right,  estate,  title,  interest  and  demand  of,  in  or  to  the  premises,  shall 
be  utterly  excluded  and  debarred  forever  by  these  presents.  And  the 
said  Peter  Van  Oblinus,  Samuel  Waldron  and  Maria  Meyer,  for  them- 
selves, their  heirs  and  assigns,  and  all  persons  claiming  under  them  or 
any  of  them,  into  or  out  of  the  before  mentioned  pre  n  ses,  shall  and  will 
at  any  time  hereafter,  at  the  proper  cost  and  charges  in  the  law  of  her 
the  said  Elizabeth  Benson,  her  heirs  or  assigns  make  such  further  and 
other  lawful  act,  conveyance  and  assurance  in  the  law  for  the  better 
conveying  and  assuring  all  and  singular  the  premises  aforesaid,  unto  the 
said  Elizabeth  Benson,  her  heirs  and  assigns  forever,  as  by  her  or  them 
shall  or  may  be  reasonably  devised  or  required. 

In  testimony  whereof  the  parties  to  these  presents  have  hereunto 
interchangeably  set  their  hands  and  seals,  the  day  and  year  first  above 
written. 

This  is  the  xj  mark,  MARY  MYER.  [l.  s.] 

SAMUEL  WALDRON.    [l.  s.] 
PETER  V.  OBLINUS.     [l.  s.] 
Sealed  and  delivered  in  the  presence  of  us  (after  the  interlining  of 
the  word  [Harlem]  in  the  second  line.) 

John  Buckenhoven, 
George  Dyckman. 


17 


This  Indenture  made  the  twenty  eighth  day  of  March  in  the 
Seventh  year  of  the  reign  of  our  Soveriegn  Lord  George  of  Great  Brit- 
tain  Ffrance  and  Ireland  king  defender  of  the  ffaith  &c.  and  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty  one,  Between 
Elizabeth  Benson,  widow  relict  and  executors  of  Johannes  Benson,  late 
of  the  island  of  New  York  dee'd.  Laurence  Courtrcght  of  the  same 
place  Yeoman,  Dirick  Benson  of  the  same  Yeoman,  and  Cathrina  his 
wife,  Jacob  Symon  of  the  same  place  Yeoman,  and  Catlina  his  wife, 
Mathew  Benson  of  the  same  place  Yeoman,  and  Elizabeth  his  wife, 
Abraham  Lameter  of  the  same  place  Yeoman,  and  Cathrina  his  wife, 
Johannes  Cowenhoven  of  the  County  of  Bergen,  in  the  province  of  East 
New  Jersey  Yeoman,  and  llachell  his  wife,  Rick  Lydecker  of  the  same 
place  and  province  Yeoman,  and  Mary  his  wife,  and  Johannes  Benson, 
son  of  the  said  Johannes  Benson  Deced.  of  the  one  part,  And  Sampson 
Benson,  of  Harlem,  Yeoman,  on  the  island  aforesaid,  of  the  other. 
Whereas,  John  Lowesen  Bogert  and  Cornelia  his  wife,  by  virtue  of  a 
certain  Indenture  of  bargain  and  sale  bearing  date  the  twenty  first  day 
of  September  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
six,  for  the  consideration  therein  mentioned,  did  bargain  and  sell  to 
Johannes  Benson,  late  of  the  said  place,  yeoman,  deced.  all  that  a  certain 
parcell  of  land  lying  in  the  bought  of  Hellgate,  beginning  on  the  South- 
west corner  of  the  Hopp  garden  by  a  Berken  Boom  or  burch  tree,  run- 
ning to  a  white  oake  tree,  which  stands  by  a  small  swamp  markt  with 
the  letters  I  L  B  and  the  letters  I  L  D  and  soe  running  towards  the 
strand  or  river  side,  to  the  end  of  a  meadow  on  the  north  of  a  stony  or 
rockey  hill  as  it  was  then  in  fence,  known  by  the  name  of  the  Lott  25, 
and  which  Joynds  to  the  South  side  of  the  above  mentioned  Lands  and 
meadows  of  him  the  said  John  Lowesen  Bogert,  by  the  said  return  and 
approbation  of  the  overseers  and  magistrates  of  Harlem  aforesaid,  on 
the  same  likewise  entered  in  the  publick  register  of  said  town  will 
appear,  relation  being  had  to  the  same,  which  said  Lott  of  land  as  it  is 
above  butted  and  bounded,  was  likewise  confirmed  to  the  said  John 
Lowessen  Bogert,  his  heirs  and  assigns  forever,  by  conveyance  from 
J  oast  Oblinus  the  surviving  patentee  or  Joynt  Tenant  in  the  Old  patent 
of  Harlem,  for  the  consideration  therein  mentioned  as  by  said  convey- 
ance, bearing  date  the  fourteenth  day  of  February,  Anno  Dom.  one 
thousand  seven  hundred  and  eleven  at  large  will  appeare,  relation  be- 
ing had  to  the  same,  and  which  was  likewise  by  Adolph  Myer,  John 
Hendrickse  Brevoort,  Samuel  VValdron  and  Peter  Van  Oblinus  by  their 
indenture  bearing  date  the  fourteenth  day  of  September,  Anno  Din.  one 
thousand  Seven  hundred  and  six,  as  Trustees  for  said  town  of  Harlem, 
confirmed  and  released  to  him  the  said  John  Lowesen  Bogert,  as  by  the 

3 


is 


said  Indenture  relation  being  thereunto  had  more  fully  and  at  large  will 
appeare.  And  whereas  the  survivor  of  the  patentees  of  Harlem,  and 
other  the  freeholders  belonging  to  the  said  town  by  their  trustees  Peter 
Oblinus,  Samuel  Waldron  and  Mary  Meyer,  in  and  by  a  certain  inden- 
ture of  release,  bearing  date  the  third  day  of  February,  one  thousand 
seven  hundred  and  fifteen,  did  for  the  consideration  therein  mentioned, 
grant  remise  release  and  forever  quit-claim  unto  the  said  Johannes 
Benson  all  those  severall  Lotts  parcells  and  additional  peices  of  Land, 
houses  outhouses  buildings  erections  barnes  stables  orchards  gardens 
and  improvements  whatsoever,  whereof  the  said  Elizabeth  Benson  or 
her  said  late  husband  Johannes  Benson  deced.  at  any  time  before  the 
date  hereof  stands  lawfully  possessed,  either  by  former  permitts,  grants 
divisions  or  allottments  of  the  above  named  patentees,  or  freeholders,  or 
mjestrates  of  the  said  town  of  New  Harlem,  or  by  virtue  of  former 
grants  bargains  sales  and  conveyance  or  conveyances  of  any  person  or 
persons  whatsoever,  But  more  especially  of  in  or  to  all  those  severall 
Lotts  and  parcels  of  Land  herein  after  named  surveyd  and  laid  out  by 
Peter  Berrien,  in  the  severall  divisions  as  follows,  that  is  to  say,  In  the 
first  division  the  Lott  number  twelve,  containing  twelve  acres,  three 
quarters  and  nine  rodds,  being  in  breadth  twenty  one  rodds,  lying  be- 
tween the  lands  of  Arent  Bussing  and  Jacob  Turnear,  from  the  land  of 
captain  De  Key  to  the  land  of  Peter  Van  Oblinus,  North  Seventy  nine 
degrees  east.  In  the  second  division  the  Lott  number  eight,  containing 
twenty  two  acres,  one  quarter  and  eight  rodds,  being  in  breadth  along 
the  highway  about  fforly  rodds,  and  runs  from  said  way*South  forty 
six  degrees,  East  and  South  ffifty  degrees  and  one  third  of  a  degree 
east  between  the  land  of  captain  Congrove  and  John  Nagle,  to  Harlem 
River.  In  the  third  division  the  Lott  number  Eighteen,  containing 
five  acres,  three  quarters  and  two  rodds,  the  same  contains  in  breadth 
about  nineteen  rodds  and  a  half,  and  runs  from  the  middle  line  in  this 
division  between  of  the  land  of  Mattje  and  Laurence  Cornelison  and 
some  common  land  South  fifty  three  degrees  East  to  the  meadow  at 
Harlem  River  aforesaid ;  and  in  the  fourth  division  Number  Eighteen, 
containing  nine  acres,  three  quarters  and  twenty  two  rodds,  being  in 
breadth  eighteen  rodds  and  runs  from  a  North  West  line  drawn  from 
the  little  Bridge  at  John  Dickman's  land  north  Sixty  seven  degrees 
West  between  of  Isaac  Delamatre  and  some  Common  Land  to  Hud- 
son's River,  as  mny  appear  by  the  severall  draughts  of  the  same. 

Now  this  Indenture  witnesseth  that  the  said  Elizabeth  Benson,  Law- 
rence CourUeght,  Dirick  Benson  and  Cathrine  his  Wife,  Jacob  Symon 
and  Catlina  his  Wife,  Mathew  Benson,  Elizabeth  his  wife,  Abraham 
Lametev  and  Cathrina  his  wife,  Johannes  Oowenhovcn  and  Raehell  his 


19 


wife,  Rick  Lydeckcr  and  Mary  his  wife,  and  Johannes  Benson,  for  and 
in  consideration  of  the  Sum  of  Seven  hundred  and  eight  pounds,  lawful 
money  of  New  York,  to  them  or  one  of  them  well  and  truoly  in  paid — 
paid  by  the  said  Sampson  Benson  before  the  ensealing  and  delivery  of 
these  presents,  the  receipt  whereof  they  do  hereby  acknowledge  and 
themselves  therewith  fully  satisfied  contented  and  paid,  and  thereof  and 
therefrom  and  of  and  from  every  part  and  parcel]  thereof  they  doc  fully 
freely  and  absolutely  acquilt,  release,  exonerate  and  discharge  him  the 
said  Samuel  Benson,  his  heirss  executors  administrators  and  assigns  by 
these  presents,  Have  given  granted  bargained  Sold  conveyed  enfeoffed 
released  assured  and  confirmed,  and  doe  by  these  presents  give,  grant, 
bargaine,  sell  convey,  enfeoff',  release,  assure  and  confirm  unto  him  the 
said  Sampson  Benson,  his  heires  and  assigns  forever,  All  and  every  the 
above  recited  or  mentioned  parcclls  of  Lands  and  meadows  as  they  are 
in  the  above  recitalls  particularly  cxprest  butted  and  bounded,  To- 
gether with  all  and  singular  the  buildings  erections  houses  barns  stables 
outhouses  orchards  gardens  ffences  meadowTs  marshes  swamps  creeks 
ponds  waters  water-courses  springs  fountaines  priviledges  improve- 
ments paths  passages  common  and  commons  of  pasture  woods  under- 
woods trees  timber  rights  libertys  priviledges  profitts  comoditys  here- 
ditaments and  appurtenancies  whatsoever  to  the  said  hereby  granted 
parcells  of  Lands  and  meadows  belonging,  or  in  any  wise  appertaining, 
and  the  reversion  and  reversions  remainder  and  remainders  rents  issues 
and  profitts  thereof  and  every  part  and  parcel  thereof,  as  alsoe  all  deeds 
writings  and  evidences  touching  and  concerning  the  premises  hereby 
granted,  and  all  the  estate  right  title  dower  interest  property  possession 
claim  and  demand  whatsoever  of  them  the  said  Elizabeth  Benson,  Law- 
rence Courtright,  Dirick  Benson  and  Cathrine  his  wife,  Jacob  JSymons 
and  Catlina  his  wife,  Mathew  Benson  and  Elizabeth,  Abraham  Lameter 
and  Cathrine  his  wife,  Johannes  Cowrenhoven  and  Uachell  his  wile,  and 
Johannes  Benson,  of  in  or  to  the  same,  or  all  or  any  part  or  parcell 
thereof  To  have  and  to  hold  all  and  singular  the  said  parcells  of  Lands 
meadows  and  premises  before  in  these  presents  granted  and  recited,  to 
him  the  said  Sampson  Benson,  his  heires  and  assignes  forever,  to  the 
only  proper  use  benefitt  and  behoofe  of  him  the  said  Sampson  Benson, 
his  heirs  and  assigns  forever,  and  the  said  Elizabeth  Benson,  Lawrence 
Courtreght  Dirick  Benson  and  Cathrine  his  wife,  Jacob  Symon  and 
Catlina  his  wife,  Mathew  Benson  and  Elizabeth  his  wife,  Abraham 
Lameter  and  Cathrine  his  wife,  Johannes  Cowenhoven  and  Rachell  his 
wife,  Rick  Lydecker  and  Mary  his  wife,  and  Johannes  Benson,  and 
their  heires,  the  said  parcells  of  Lands  and  meadows,  with  the  premises 
hereditaments  and  appurtenances  unto  the  same  belonging,  and  which 


20 


is  herein  above  recited  and  hereby  granted  unto  the  said  Sampson  Ben- 
son, his  heires  and  assignes,  against  all  person  or  persons  whatsoever 
haeving  or  lawfully  claimeing  any  right  or  title  to  same,  by  from  or 
under  them,  any  or  either  of  them,  by  any  lavvfull  wayes  or  means 
whatsoever,  and  shall  and  will  warrant  and  forever  defend  by  these 
presents,  And  lastly,  that  they  the  said  Elizabeth  Benson,  Lawrence 
Courtreight,  Dirick  Benson  and  Cathrine  his  wife,  Jacob  Symon  and 
Catlina  his  wife,  Mathevv  Benson  and  Elizabeth  his  wife,  Abraham 
Lameter  and  Cathrine  his  wife,  Johannes  Cowenhoven  and  Rachell  his 
wife,  and  Rick  Lydecker  and  Mary  his  wife,  and  Johannes  Bensen,  and 
all  and  every  their  heires  and  assignes,  some  or  one  of  them,  and  all 
and  every  other  person  and  persons  whatsoever  claiming  or  which  shall 
or  may  claime  any  estate  right  title  or  interest  of  in  or  to  the  said  par- 
cells  of  Lands  meadows  and  premises  before  in  these  present  granted 
and  recited,  with  their  appurtenances,  or  of  in  or  to  any  part  or  parcell 
thereof  under  them  or  either  of  them,  shall  and  will  from  time  to  time 
and  at  all  times  hereafter,  at  the  reasonable  request  costs  and  charges 
in  the  Law  of  the  said  Sampson  Benson,  his  heires  and  assignes  well 
and  truely  further  doe  acknowledge,  levy  and  execute  or  cause  or  suffer 
to  be  done  and  executed  all  and  every  such  further  and  other  lawful 
and  reasonable  act  and  acts,  devise  and  devises,  conveyance  and  con- 
veyances, assurance  and  assurances  in  the  law  whatsoever,  for  the 
further,  better  and  more  perfect  assurance,  surety  and  suremaking.  re- 
leasing, conveying  and  assureing  of  the  aforesaid  parcells  of  lands 
meadows  and  premises  in  these  presents  granted  and  recited,  with  their 
appurtenances  unto  the  said  Sampson  Benson,  his  heires  and  assignes 
as  shall  from  time  to  time  be  reasonably  devised,  advised  or  required 
by  the  said  Sampson  Benson,  his  heirs  or  assigns  or  his  or  their  coun- 
cil! learned  in  the  law,  any  thing  contained  in  these  presents,  to  the 
contrary  hereof  in  any  wise  notwithstanding. 

In  witness  whereof  the  partys  to  these  presents  have  hereunto  inter- 
changeably sett  their  hands  and  seals  to  the  same,  the  day  and  yeare 
at  first  above  written — 

RYCK  LEYDECKER,  [l.  s.] 

MARY  LEYDECKER,  [L.  s.] 

JOANNI  BENSEN,  [l.  s.] 

JOHA  COWENHOVEN,  [l.  s.] 

The  mark  *  of  RACHELL  COWENHOVEN,  [l.  s.] 
The  mark  *  of  CATHRINE  DE  LAMATER,  [l.  s.] 


21 


MATHEWS  BENSEN,  [l.  s.] 

The  mark  x  of  ELIZABETH  BENSON,  [r,  s.] 

A  BE  R II  AM  DE  LAMETER,  [l.  b.] 

The  mark  ^  of  CATHERINE  BENSON,  [l.  s.] 

The  mark  j*j  of  JACOB  SYJMON,  [l.  b.] 

The  mark  ^  of  CATLINA  SYMON,  [l.  s.] 

ELIZABETH  BENSON,  [l.  b.] 
Thcmarke  ^  of  LAWRENCE  COURTREGI1T,  [l.  s.] 

The  marke  *  of  DIRICK  BENSON.  [l.  s.] 


Reced  the  day  and  yeare  within  written  of  and  from  the  within 
named  Sampson  Benson  the  sume  of  Seven  hundred  and  eight  pounds 
being  the  full  consideration  mony  within  mentioned  wee  say  reced 
by  us 

ELIZABETH  BENSON. 

Testis.       Abram  Meyer, 
H.  De  Meyer. 

Sealed  and  delivered  in  the  presence  of  us. 
Memorandum  that  the  day  of  the  date  within  mentioned  quiet  and 

peaceable  possession  and  seizen  was  delivered  by  the  partys  within 
mentioned  to  the  said  Sampson  Benson  in  the  presence  of  us 

Abram  Meyer, 
Adolpii  Meyer, 
H.  Demeyer,  Jr. 


New  York,  the  21  Novcmb.  1723. 

Then  personally  appeared  before  me  Philip  Cortlandt  one  of  his 
May  Justices  of  the  Peace  for  the  City  &  County  of  New  York 
Abraham  Myer  one  of  the  witnesses  and  alsoe  Adol,  h  Mver  whoern 
Declared  upon  the  holy  evangelists  of  Almighty  God  that  the  within 
Subscribers  signed  sealed  and  declaircd  this  indented  instrument  as 
their  voluntary  act  &  Deed.  AUsd  appeared  before  me  Johannes 
Benson  one  of  the  within  subscribers  whoe  this  day  acknowledged 
that  this  instrument  is  his  voluntary  act  &  deed. 


PHILIP  CORTLANDT. 


22 


WILL  OF  SAMSON  BENSON. 


hi  the  name  of  GOD,  A  men. — I,  Samson  Benson,  of  Harlem,  in 
the  county  of  New  York,  being  of  sound  mind  and  memory,  (thanks 
be  to  God,)  do  make  and  ordain  this  my  last  will  and  testament,  in 
manner  following.  Imprimis  ■ — I  will  and  desire  that  all  my  just 
debts  and  funeral  charges  shall  well  and  truly  be  paid  out  of  my  estate. 

Item.  I  give,  devise  and  bequeath  unto  my  loving  wife  Mary  Benson, 
during  so  long  time  as  she  shall  remain  and  continue  my  widow,  the 
use.  benefits  and  profits  of  my  dwelling-house  and  farm,  and  my  estate, 
both  real  and  personal,  to  be  possessed  and  enjoyed  by  her  during  her 
widowhood,  and  that  my  three  daughters  Catharine  Shourd,  Anne  Ben- 
son, and  Catline  Benson,  live  with  her  on  my  said  farm,  and  be  main- 
tained also  out  of  the  profits  of  my  estate,  while  she  remains  my  widow, 
and  they  remain  single  and  unmarried.  And  after  the  death  or  marriage 
of  my  said  wife,  which  shall  first  happen,  then  my  will  and  desire  is, 
%  and  1  do  hereby  give,  devise  and  bequeath  all  my  estate,  both  real  and 
personal,  of  what  kind  soever,  to  and  amongst  my  nine  children  hereafter 
named,  to  be  equally  divided  amongst  them,  part  and  part  alike,  that  is 
to  say  : 

To  my  eldest  son  Johannes  Benson,  to  my  daughter  Elizabeth,  now 
the  wife  of  Hanse  Romer,  to  my  daughter  Mary,  the  wife  of  Samson 
Belts,  to  my  daughter  Catharine  Shourd,  to  my  son  Adolph  Benson,  to 
my  daughter  Elena,  the  wife  of  Peter  Boscn,  to  my  son  Benjamin  Ben- 
son, to  my  daughter  Anne  Benson,  and  to  my  daughter  Catline  Benson, 
to  be  equally  divided  amongst  them  in  equal  proportion,  share  and  share 
alike,  only  with  this  difference,  that  my  eldest  son  Johannes  Benson, 
shall  have  for  his  share  or  part,  twenty  shillings  more  than  any  other  of 
the  rest  of  my  said  children. 

And  whereas  my  said  son  Johannes  Benson,  my  daughter  Elizabeth 
the  wife  of  Hanse  Romer,  my  daughter  .Mary  the  wife  of  Samson  Pelts, 
my  daughter  Catharine  Shourd,  my  son  Adolph  Benson,  and  my  daughter 
Elena  the  wife  of  Peter  Bosen,  and  my  son  Benjamin  Benson,  having 
already  each  of  them  had  their  outset  when  they  were  married. 

And  whereas  my  said  daughter  Catharine  Shourd,  having  brought 
what  she  had  for  her  outset  again  into  my  house,  and  it  being  used  in 
my  family,  therefore  my  desire  is,  that  said  daughter  Catharine  Shourd 


25 


shall  have  the  sum  of  one  hundred  pounds  or  the  value  thereof,  for  an 
outset,  for  her  service  heretofore  done  in  my  family,  when  it  shall  please 
God  that  she  should  fortune  to  be  married,  at  the  same  time  to  be  paid 
and  delivered  her  out  of  my  estate,  by  my  wife  Alary  Benson,  if  she  be 
then  living  and  unmarried,  otherwise  to  be  paid  and  delivered  her  out 
of  my  estate,  when  it  is  divided  by  my  executors  hereafter  named. 

Also  my  desire  is,  that  my  said  daughter,  to  wit :  Anne  Benson  and 
Catline  Benson,  shall  each  of  them  have  the  sums  of  £50,  or  the  value 
thereof  for  an  outset,  to  be  paid  and  delivered  them  in  like  manner,  in 
order  that  there  may  be  an  equal  division,  I  have  included  for  the  ser- 
vices of  my  said  daughter  Catharine  Shourd. 

And  it  is  further  my  will  and  desire  in  case  it  should  so  happen,  that 
any  of  my  said  children  hereinbefore  mentioned,  either  sons  or  daugh- 
ters, should  happen  to  die  without  issue,  lawfully  begotten  of  their  bodies, 
his  or  her  part,  portion  or  share  of  them,  or  any  or  other  of  them  so 
dying  before  such  time,  my  estate  be  divided,  his  or  her  part  shall  go, 
remain  and  lie  to  and  amongst  the  survivor  and  survivors  of  them,  part 
and  part  alike. 

And  'tis  further  my  will  and  desire,  that  what  moneys  I  have  already 
paid,  or  am  liable  to  pay  for  any  of  my  said  children  or  their  husbands, 
shall  be  deducted  out  of  his  or  her  share. 

And  in  order  to  enable  my  said  wife  to  pay  my  debts  and  to  finish 
the  mill  I  am  now  building,  I  do  hereby  empower  her  and  my  son  Ben- 
jamin Benson,  and  my  daughter  Catharine  Shourd,  to  sell  and  dispose 
of  so  much  of  my  moveable  or  personal  estate,  as  they  shall  think  fit, 
will  be  sufficient  for  that  purpose. 

And  in  order  that  my  said  estate  should  be  equally  divided  after  my 
debts  being  paid,  and  the  outset  as  aforesaid  delivered,  then  my  will 
and  desire  is,  that  my  dwelling-house  and  farm  aud  mill  shall  be 
sold  by  my  executors,  or  the  survivor  of  them,  to  the  best  advantage, 
giving  them  full  power  to  dispose  of  the  same  to  any  one  of  my  said 
children  that  will  give  the  most  for  it,  and  if  neither  of  them  see 
cause  to  purchase  the  same,  then  my  will  is,  and  I  do  hereby  order, 
that  my  said  dwelling-house,  farm  and  mill  should  be  sold  by  my 
executors,  or  the  survivor  of  them,  to  be  the  best  advantage,  at  public 
vendue  ;  also  all  the  remainder  of  my  personal  estate,  in  order  that 
there  shall  be  an  equal  division  of  all  my  estate,  both  real  and  per- 
sonal, to  and  amongst  my  said  children  as  aforesaid,  and  that  within 
six  weeks  after  my  said  wife's  death  or  marriage,  which  shall  first 
happen. 


24 


And  I  do  hereby  nominate,  make,  ordain  and  appoint  my  good  friend 
James  Henderson  and  Anthony  Duane,  to  be  my  executors  of  this 
my  last  will  and  testament. 

And  lastly,  I  do  hereby  revoke  and  make  void  all  former  and 
other  wills  and  testaments  whatsoever  heretofore  by  me  made,  either 
by  word  or  writing,  declaring  this  my  last  will  and  testament. 

In  witness  whereof  I,  the  said  Samson  Benson,  to  this  my  last 
will  and  testament,  have  set  my  hand  and  seal,  in  New  York,  this 
twelfth  day  of  September,  in  the  year  of  our  Lord,  one  thousand 
seven  hundred  and  thirty-nine. 

SAMSON  BENSON,    [l.  s.] 

Signed,  sealed,  published  and  declared  by  the  testator,  in  the 
presence  of 

Nathaniel  Bounet, 
Nathaniel  Ogden, 
John  Kelly. 

Administration  granted,  with  the  will  annexed,  by  George  Clarke, 
Esq.,  his  Majesties  Lieutenant-Governor  and  Commander-in-Chief  of 
the  province  of  New  York,  to  Mary  Benson,  widow  and  relict  of  Sam- 
son Benson,  deceased,  on  the  21st  January,  1741. 

Will  recorded  in  Surrogates  office,  in  the  city  of  New  York,  in  liber 
14,  of  wills,  page  175. 


This  Indenture  made  the  twenty-third  day  of  September,  in  the  year 
of  our  Lord,  one  thousand  seven  hundred  and  forty,  between  Samson 
Pelts,  of  the  city  of  New  York,  roapmaker,  and  Mary  his  wife,  one  of 
the  daughters  of  Samson  Benson,  late  of  Harlem,  deceased,  of  the  one 
part,  and  Benjamin  Benson,  of  Harlem,  son  to  tbe  aforesaid  Samson 
Benson,  of  the  other  part.  Whereas  the  said  Samson  Benson,  did  by 
his  last  will  and  testament  in  writing,  give,  devise  and  bequeath  unto 
his  loving  wife  Mary  Benson,  the  mother  of  the  aforesaid  Mary  and 
Benjamin,  during  so  long  time  as  she  should  continue  his  widow,  the 
use,  benefit  and  profits  of  his  dwelling-house  and  farm,  at  Harlem,  and 
all  his  estate,  both  real  and  personal,  to  be  possessed  and  enjoyed  by 
her  during  her  widowhood,  and  after  the  death  or  marriage  of  his  said 
wife,  which  should  first  happen,  then  he  gave  part  and  part  aliAe,  that 
is  to  say :  to  his  eldest  son  Johannes  Benson,  to  his  daughter  Elizabeth, 
the  wife  of  Hanse  Homer,  to  his  daughter  the  above  named  Mary,  the 
wife  of  the  aforesaid  Samson  Pelts,  to  his  daughter  Catharine,  the  widow 


25 


of  Luke  Shourd,  to  his  son  Adolpfi  Benson,  to  his  daughter  Elena,  the 
wife  of  Peter  Bussing,  to  his  son  the  aforesaid  Benjamin  Benson,  to  his 
daughter  Ann  Benson,  and  to  his  daughter  Catline  Benson,  to  hold  to 
them  and  their  heirs  forever,  to  be  equally  divided  amongst  them,  in 
equal  proportion,  share  and  share  alike,  only  with  this  difference,  that 
his  eldest  son  Johannes  Benson,  should  have  twenty  shillings  more  than 
any  of  the  rest  of  his  said  children,as  in  and  by  the  same  said  last  will  and 
testament  of  him  the  said  Samson  Benson,  fefference  being  thereunto 
had  will  more  plainly  appear.  Now  this  indenture  witnesseth,  that  the 
said  Samson  Pelts  and  Mary  his  wife,  for  and  in  consideration  of  the 
sum  of  two  hundred  pounds  to  them  in  hand  already,  before  the  sealing 
and  delivery  hereof  by  the  said  Benjamin  Benson,  well  and  truly  paid, 
whereof  and  wherewith  the  said  Samson  Benson  and  Mary  his  wife, 
acknowledged  themselves  to  be  fully  satisfied,  and  thereof  and  every 
part  thereof  noth  clearly  and  absolutely  acquit  and  discharge  the  said 
Benjamin  Benson,  his  executors  and  administrators,  and  every  of  them 
by  these  presents,  as  also  for  divers  other  good  causes  and  considera- 
tions them  thereunto  moving,  he  the  said  Samson  Pelts  and  Mary  his 
wife,  have  granted,  bargained,  sold,  assigned  and  set  over,  and  by  these 
presents,  Do  grant,  bargain,  sell,  assign  and  set  over  unto  the  said 
Benjamin  Benson,  a,nd  to  his  heirs,  executors,  administrators  and 
assigns,  all  that  their  share  or  part,  protions  or  ninth  part  of,  in,  and  to 
all  or  any  part  of  the  estate,  real  and  personal,  of  him  the  said  Samson 
Benson,  deceased,  and  all  the  estate,  right,  title  and  interest,  property, 
claim  and  demand  whatsoever,  which  he  the  said  Samson  Pelt43  and 
Mary  his  wife,  now  have,  or  may  hereafter  in  any  wise  ought  to  have, 
or  claims  of,  in,  or  unto  any  part  of  the  real  and  personal  estate  of  him 
the  aforesaid  Samson  Benson,  for  or  by  reason  or  force,  and  virtue  of 
the  last  will  and  testament  of  him  the  said  Samson  Benson  above  recited, 
To  have  and  to  hold  to  him  the  said  Benjamin  Benson,  his  heirs,  execu- 
tors and  assigns,  the  said  ninth  part  or  share  of  all  the  real  and  personal 
estate  of  them  the  said  Samson  Pelts  and  Mary  his  wife,  of,  in  and  to 
the  estate  of  him  the  said  Samson  Benson,  deceased,  and  also  all  their 
right,  title,  estate,  interest,  claim  and  demand  whatsoever  to  the  said 
estate,  both  real  and  personal,  of  him  the  said  Samson  Benson,  in  as 
large  and  ample  manner  to  all  intents  and  purposes  whatsoever,  as  he 
the  said  Samson  Pelts  and  Mary  his  wife,  ought  at  any  time  hereafter 
to  enjoy,  by  force  and  virtue  of  the  said  recited  will  of  him  the  said 
Samson  Benson.  And  further,  I,  the  said  Samson  Pelts  and  Mary  my 
wife,  for  the  considerations  aforesaid,  have  remised,  released,  and  forever 
quit-claimed,  and  by  these  presents  Do  for  themselves,  their  heirs,  exe- 
cutors, administrators  and  assigns,  remise,  release,  and  forever  quit- 

4 


26 


claim  unto  the  said  Benjamin  Benson,  and  also  to  the  said  Mary  Benson, 
the  widow  and  executrix,  and  all  other  the  executors  of  the  last  will 
and  testament  of  the  aforesaid  Samson  Benson,  and  all  the  estate,  right, 
title,  interest,  claim  and  demand  whatsoever,  which  I,  the  said  Samson 
Pelts  and  Mary  my  wife,  now  have,  or  which  either  of  us,  our  heirs  at 
any  time  hereafter  may  or  ought  to  have,  of,  in  or  to  all  or  any  part  of 
the  estate,  both  real  and  personal  whatsoever,  of  the  aforesaid  Samson 
Benson,  deceased,  so  that  neither  I  the  said  Samson  Pelts  and  Mary  my 
wife,  nor  our  heirs,  nor  any  other  person  or  persons  for  us,  or  in  our 
names,  right,  title,  or  stead,  shall  or  may,  by  any  ways  and  means  here- 
after, have  claim,  challenge  or  demand  any  estate  or  interest  of,  in  or  to 
the  estate  of  the  said  Samson  Benson,  either  real  or  personal,  but  from 
all  action,  right,  estate,  title,  interest  and  demand  of,  in  or  to  any  part  of 
the  estate,  either  real  or  personal,  of  the  said  Samson  Benson,  shall  and 
will  be  utterly  excluded  and  debarred  forever  by  these  presents.  And 
further,  I,  the  said  Samson  Pelts  and  Mary  my  wife,  for  the  considera- 
tion aforesaid,  have  remised,  released  and  forever  quit-claim  all  manner 
of  demands,  actions,  cause  and  causes  of  actions,  against  Mary  Benson, 
the  widow  and  executrix  of  the  aforesaid  Samson  Benson,  or  against 
the  estate,  both  real  and  personal,  of  the  said  Samuel  Benson,  and  his 
executors  whatsoever,  both  in  law  or  equity,  or  otherwise  howsoever, 
which  I  Samson  Pelts  and  Mary  my  wife,  now  have,  or  hereafter 
might  have,  by  force  and  virtue  of  the  last  will  and  testament  of  the 
aforesaid  Samson  Benson,  herein  before  recited. 

In  witness  whereof  the  parties  first  above  named  have  interchangebly 
set  their  hands  and  seals,  the  day  and  year  first  above  written. 

SAMSON  PELTS,  [l.  s.] 

MARY  her  x  mark,  BENSON.    £l.  s.] 

Sealed  and  delivered  in  the  presence  of 
Evert  Pelts, 
Dennis  M.  Gennis, 
Luckes  his  ^  mark,  Shut. 

lleced  the  day  and  year  within  mentioned,  from  Benjamin  Benson, 
the  sum  of  two  hundred  pounds,  being  the  consideration  money 
mentioned,  as  witness  our  hands. 

Witness, 


27 


This  Indenture  made  the  twenty-eighth  day  of  January,  in  the  six- 
teenth year  of  the  reign  of  our  sovereign  Lord  George  the  Second, 
by  the  grace  of  God  of  Great  Britain,  France,  and  Ireland  king,  de- 
fender of  the  faith,  ecc,  and  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  forty-two,  Between  Johannes  Benson  and  Tannckca 
his  wife,  Adolph  Bonson  and  Eva  his  wile,  Jacob  Dickman  juror,  and 
Gatline  his  wife,  all  of  Harlem,  in  the  county  of  New  York,  Samson 
Pelts  and  Mary  his  wile,  Daniel   Maggown  and   Catharine  his  wife, 
of  the  city  of  New  York,  Hanse  Rorner  and  Elizabeth  his  wife,  in 
the  county  of  Bergen,  in  East  New  Jersey,  Peter  Bosen  and  Elena 
his  wife,  John  Odell  and  Anne  his  wife,  in  the  manner  of  Fordam, 
in  the  county  of  Westchester,  of  the  one  part,  and  Benjamin  Benson, 
of  Harlem,  in  the  county  of  New  York,  of  the  other  part.  Whereas 
Samson  Benson,  late  of  Harlem,  in  the  county  of  New  York,  deceased, 
late  husband  of  Mary  Benson,  Did  by  his  last  will  and  testament, 
bearing  date  the  twelfth  day  of  September,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  thirty-nine,  amongst  other  things 
give  and  devise,  after  the  death  or  marriage  of  his  said  wife  Mary, 
which  should  first  happen,  all  his  real   estate  to  and  amongst  his 
nine  children  herein  named,  to  be  equally  divided  amongst  them, 
part  and   part  alike.    To  his  eldest  son   Johannes  Benson,  to  his 
daughter  Elizabeth,  now  the  wife  of  Hanse  Homer,  to  his  daughter 
Mary  the  wife  of  Samson   Pelts,  to  his  daughter  Catharine  Shourd, 
who  is  since   married  to  the  aforesaid   Daniel   Magown,  to  his  son 
Adolph  Benson,  to  his  daughter  Anne,  who  is  since  married  to  the 
aforesaid  John  Odell,  to  his  daughter  Elena  the  wife  of  Peter  Benson, 
to  his  son  Benjamin  Benson,  and  to  his   daughter  Catline  Benson, 
who  is  since  married  to  Jacob  Dickman,  and  in  order  for  an  equal 
division,  did  by  his  said  will  order,  after  his  debts  being  paid,  and 
the  outsets  divided  to  his  said  children,  that  the  said  dwelling  house, 
farm  and  mills  should  be  sold  within  six  weeks  after  the  death  or 
marriage  of  his  said  wife,  to  any  one  of  his  said  children,  relation 
being  had  to  the  will  aforesaid,  will  more  plainly  appear.    And  whereas 
the  said  Mary  Benson,  widow  of  Samson  Benson,  deceased,  for  and 
in  consideration  of  the  sum  of  one  hundred  and  fifty  pounds,  paid 
or  secured  to  be  paid  to  her  by  the  parties  above  mentioned,  or  by 
one  of  them,  as  also  for  other  considerations   moving  her  to  allow 
and  consent  that  the  dwelling-house,  farm  and  mills  of  her  late  hus- 
band Samson  Benson,  should  be  sold,  in  order  now  that  each  of  her 
children  aforesaid  should  have  in  certainty  his  or  her  own  part  and 
portion,  as  is  herein  agreed  and  testified  by  her  the  said  .Mary  Benson, 
being  made  a  party  in  sealing  and  delivery  of  these  presents.  Now 


28 


this  Indenture  witnesseth,  that  the  said  Johannes  Benson  and  Tannekea 
his  wife,  Adolph  Benson  and  Eva  his  wife,  Jacob  Dickman,  junior, 
and  Catline  his  wife,  Samson  Pelts  and  Mary  his  wife,  Daniel  Mag- 
gown  and  Catharine  his  wife,  Hanse  Romer  and  Elizabeth  his  wife, 
Peter  Bosen  and  Elena  his  wife,  John  Odell  and  Anne  his  wife,  for 
and  in  consideration  of  the  sum  of  fifteen  hundred  pounds,  current 
money  of  New  York,  to  them  in  hand  paid  by  the  said  Benjamin 
Benson,  before  the  sealing  and  delivery  of  these  presents,  the  receipt 
whereof  they  do  hereby  acknowledge,  and  themselves  therewith  fully 
satisfied,  contented  and  paid,  and  thereof  and  therefrom  and  of  and 
from  every  part  and  parcel  thereof,  they  do  fully  and  freely  and  ab- 
solutely acquitt,  release,  exonerate  and  discharge  him  the  said  Ben- 
jamin Benson,  his  heirs,  executors,  administrators,  and  every  of  them 
by  these  presents,  Have  given,  granted,  bargained,  sold,  conveyed, 
enfeoffed,  released,  assured  and  confirmed,  and  do  by  these  presents 
give,  grant,  bargain,  sell  and  convey,  enfeoff,  release,  assure  and  con- 
firm unto  him  the  said  Benjamin  Benson,  his  heirs  and  assigns  forever, 
All  that  certain  dwelling-house,  mills  and  farm,  as  it  is  now  in  fence, 
situate,  lying  and  being  in  Harlem,  in  the  county  and  province  of  New 
York,  now  in  the  tenor  or  occupation  of  him  the  said  Benjamiu  Ben- 
son, containing  about  two  hundred  acres,  be  the  same  more  or  less. 
Also  a  lott  number  eighteen,  in  a  third  division,  containing  five  acres, 
three  quarters  and  two  roods,  the  same  containing  in  breadth  about 
nineteen  rods  and  a  half,  and  runs  from  the  middle  line  in  the  divi- 
sion between  the  land  of  Mattje  and  Lawrence  Cornelisson,  and  some 
common  land,  south  fifty-three  degrees,  east  4o  the  meadow  at  Har- 
lem River.  Also  another  lott  number  eighteen,  in  the  fourth  division, 
containing  nine  acres,  three  quarters  and  twenty-two  rods,  being  in 
breadth  eighteen  rods,  and  runs  from  a  north  northwest  line  drawn 
from  the  little  bridge  at  John  Dickman's  land,  north  sixty-seven  de- 
grees, west  between  Isaac  Delamatre  and  some  common  land,  to 
Hudson's  river,  which  premises  were  purchased  by  the  said  Samson 
Benson  from  Elizabeth  Benson  and  others,  by  a  deed  bearing  date 
the  twenty-eighth  day  of  March,  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  twenty-one,  reference  being  thereunto  had 
will  more  at  large  appear,  together  with  ail  and  singular  the  build- 
ings, errections,  houses,  mills,  barns,  stables,  outhouses,  orchards, 
gardens,  fences,  meadows,  marches,  swamps,  creeks,  ponds,  water, 
water-courses,  springs,  streams,  fountains,  priviledges,  improvements, 
paths,  passages,  common  and  right  of  commonage,  woods  and  erwoods, 
trees,  timber,  rights,  liberties,  profits,  hereditaments  and  appurtenances 
whatsoever  to  the  said  hereby  granted  and  released  premises  belong- 


2<J 


ing,  or  in  any  wise  appertaining,  and  the  reversion  and  reversions, 
remainder  and  remainders,  rents,  issues  and  profits  thereof,  and  all 
and  every  part  and  parcel  thereof,  as  also  all  the  deeds,  writings 
and  evidences  touching  and  concerning  the  premises  hereby  released, 
and  all  the  estate,  right,  title,  dower,  interest,  property,  possession, 
claim  and  demand  whatsoever,  either  in  law  or  equity,  of  them  the 
said  Johannes  Benson  and  Tannekea  his  wife,  Adolph  Benson  and 
Eva  his  wife,  Jacob  Dickman  and  Catlina  his  wife,  Samson  Pelts 
and  Mary  his  wife,  Daniel  xMaggown  and  Catharine  his  wife,  Hanse 
Romer  and  Elizabeth  his  wife,  Peter  Bosen  and  Elena  his  wife,  John 
Odell  and  Anne  his  wife,  of,  in  or  to  the  same  premises  herein  before 
mentioned,  or  intended  to  be  hereby  released,  as  also  all  other  lands 
which  of  right  did  belong  to  the  said  Samson  Benson,  at  the  time  of 
his  death.  To  have  and  to  hold  the  said  dwelling-house,  mill  and  farm, 
and  two  lots  of  land  and  premises  hereinbefore  mentioned,  or  intended 
to  be  hereby  granted  and  released,  with  all  and  singular  the  heredita- 
ments and  appurtenances  whatsoever  thereunto  belonging,  with  the  rights 
of  commonage,  to  the  said  Benjamin  Benson,  his  heirs  and  assigns  for 
ever,  to  the  only  proper  use,  benefit  and  behoof  of  him  the  said  Benjamin 
Benson,  his  heirs  and  assigns  forever,  and  the  said  Johannes  Benson  and 
Tannekea  his  wife,  Adolph  Benson  and  Eva  his  wife,  and  Jacob  Dick- 
man  and  Catlina  his  wife,  Samson  Pelts  and  Mary  his  wife,  Daniel  Mag- 
gown  and  Catharine  his  wife,  Hanse  Romer  and  Elizabeth  his  wife, 
Peter  Bosen  and  Elena  his  wife,  John  Odell  and  Anne  his  wife,  and 
their  heirs,  the  said  dwelling-house,  mills  and  farm,  lotts  of  land  mea- 
dows, with  all  and  singular  the  premises,  hereditaments  and  appurten- 
ances unto  the  same  in  any  wise  belonging  or  appertaining  unto  the  said 
Benjamin  Benson,  his  heirs  and  assigns,  against  all  person  or  persons 
whatsoever,  shall  and  will  warrant  and  forever  defend  by  these  presents. 
And  also  that  the  said  Benjamin  Benson,  his  heirs  and  assigns  and  every 
of  them,  shall  and  lawfully  may  from  time  to  time,  and  at  all  times  here- 
after, peaceably  and  quietly  have,  hold,  use,  occupy,  possess  and  enjoy 
all  and  singular  the  premises  hereinbefore  mentioned  or  intended  to  be 
hereby  released,  and  every  part  and  parcel  thereof,  with  their  and  every 
of  their  rights,  members  and  appurtenances  whatsoever,  without  any 
lawful  let,  suit,  trouble,  denial,  eviction,  ejection,  molestation  or  inter- 
ruption whatsoever,  of,  or  by  them  the  said  Johannes  Benson  and  Tan- 
nekea his  wife,  Adalph  Benson  and  Eva  his  wife,  Jacob  Dickman  and 
Catlina  his  wife,  Samson  Pelts  and  Mary  his  wife,  Daniel  Maggown  and 
Catharine  his  wife,  Hanse  Romer  and  Elizabeth  his  wife,  Peter  Bosen 
and  Elena  his  wife,  John  Odell  and  Anne  his  wife,  and  their  heirs  or 
assigns,  or  any  of  them,  or  any  other  person  or  persons  whatsoever, 


30 


lawfully  claiming  or  to  claim,  by,  from  or  under  them  or  any  of  them  in 
any  wise  however,  shall  be  forever  hereafter  excluded  and  debarred 
from  having  or  claiming  any  pretensions  whatsoever  to  the  premises 
hereinbefore  mentioned,  or  to  any  part  thereof ;  and  the  said  Johannes 
Benson  and  Tannekea  his  wife,  Adolph  Benson  and  Eva  his  wife,  Jacob 
Dickman  and  Catlina  his  wife,  Samson  Pelts  and  Mary  his  wife,  Daniel 
Maggown  and  Catharine  his  wife,  Hanse  Romer  and  Elizabeth  his  wife, 
Peter  Bosen  and  Elena  his  wife,  John  Odell  and  Anne  his  wife,  do  by 
by  these  presents,  for  themselves,  their  heirs,  executors  and  administra- 
tors and  every  of  them  covenant,  promise  and  agree  to  and  with  the 
said  Benjamin  Benson,  his  heirs  and  assigns  in  manner  and  form  follow- 
ing, (that  is  to  say,)  that  the  said  dwelling-house,  mills  and  farm,  and 
two  lotts  of  land  and  premises  herein  before  mentioned,  and  every  part 
thereof  are  free  and  clear  and  freely  and  clearly  acquitted,  exonerated 
and  discharged  of  and  from  and  against  all  and  all  manner  of  former  and 
other  bargains,  sales,  gifts,  grants,  jointers,  dowers,  intails,  rents,  arrear- 
ages of  rents,  debts,  judgments,  mortgages  and  all  other  troubles,  charges 
and  incumbrances  whatsoever,  and  lastly,  that  they  the  said  Johannes 
Benson  and  Tannekea  his  wife,  Adolph  Benson  and  Eva  his  wife,  Jacob 
Dickman  and  Catline  his  wife,  Samson  Pelts  and  Mary  his  wife,  Daniel 
Maggown  and  Catharine  his  wife,  Hanse  Romer  and  Elizabeth  his  wife, 
Peter  Bosen  and  Elena  his  wife,  John  Odell  and  Anne  his  wife,  and  all 
and  every  of  them,  their  heirs  and  every  other  person  or  persons  what- 
soever claiming,  or  which  shall  or  may  claime  any  estate,  right,  title  or 
interest  of,  in  or  to  the  said  dwelling-house,  mills  and  farm,  lotts  of  land 
and  premises  hereinbefore  mentioned,  or  intended  to  be  hereby  released, 
shall  and  will  from  time  to  time  and  at  all  times  hereafter,  at  the  reason- 
able request,  costs  and  charges  in  the  law  of  the  said  Benjamin  Benson,  his 
heirs  and  assigns,  will  well  and  truly  further  doe  acknowledge,  levy 
and  execute  or  cause  or  suffer  to  be  done  and  executed,  all  and  every 
such  further  and  other  lawful  and  reasonable  act  and  acts,  devise  and 
devisees  ,  conveyance  and  conveyances,  assurance  and  assurances  in 
the  law  whatsoever,  for  the  better  and  more  perfect  assurance,  surety 
and  sure  making,  releasing,  conveying  and  assuring  of  the  aforesaid 
dwelling-house,  mills,  farm  buildings,  lotts  of  lands  and  premises  herein 
before  mentioned,  or  intended  to  be  hereby  released,  with  every  of  their 
appurtenances,  unto  the  said  Benjamin  Benson,  his  heirs  and  assigns,  as 
shall  from  time  to  time  be  reasonable  devised,  advised  or  required  by 
the  said  Benjamin  Benson,  his  heirs  or  assigns,  or  his  or  their  council 
learned  in  the  law,  any  thing  contained  in  these  presents  to  the  contrary 
hereof  in  any  wise  notwithstanding. 


3\ 


In  witness  whereof  the  partys  to  these  presents  have  hereunto 
voluntarily  and  of  their  own  free  will  and  accord,  interchangeably 
set  their  hands  and  seals  the  day  and  year  first  above  written. 


The  mark  *  of  MARY  BENSON,  [l.  s.] 

PETER  BUSSING,  [l.  s.] 

HELENA  BUSSEN,  [i*  s.] 

DANIEL  Mc  GOWN,  [l.  a.] 

The  marke  ^  of  CATHRINE  Mc  GOWN,  [l.  s.] 

JOHANNES  BENSEN,  [l.  s.] 
JACOB  DEYCKMAN,  Junr.     [l.  s.J 

The  mark  *  of  CATLINE  DICKMAN,  [l.  s.] 

JOHN  ODELL,  [l.  s.] 

ANNEKE  ODELL,  [l.  s.] 

ADOLPH  BENSON,  [l.  s.] 

SAMSON  PELS,  [l.  s.] 

The  mark  M  B  of  MARY  PELTS,  [l.  s.] 

JOHN  ROMER,  [l.  s.] 

The  mark  ^  of  ELIZABETH  ROMER.  [l.  s.] 

Sealed  and  delivered  in  the  presence  of 


John  Kelly, 
Abraham  Meyer, 
John  Roomer, 
John  Kelly. 

Evert  Pels,  witness  to  the  signing  of      Samson  Pels,  and 

Mary,  his  wife. 


32 


Received  the  day  and  year  within  written,  from  the  within  named 
Benjamin  Benson,  the  sum  of  fifteen  hundred  pounds,  being  the  full  con- 
sideration money  within  mentioned,  as  witnes  our  hands.  Also  at  the 
same  time,  Johannes  Benson  received  the  twenty  shillings  left  him 
by  his  father's  will. 

Witness, 


John  Kelly, 
Abraham  Meyer, 
John  Roomer, 
John  Kelly, 
Evert  Pels, 
(witness  to  the  signing 
of  Samson  Pels,) 


Johannes  Benson, 
John  Odell, 
David  McGown, 
Peter  Bussing, 
Samson  Pels, 
Jacob  Deickman, 
Adolph  Benson,  and 


John  Roomer. 


Memorandum,  that  on  the  thirty-first  day  of  December,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  forty-three,  John  Kelly,  one 
of  the  witnesses  to  the  within  deed,  appeared  before  me  Henry  Lane, 
Esqr.,  one  of  his  Majesty's  council  for  the  province  of  New  York,  and 
made  oath  that  he  did  see  the  within  named  Mary  Benson,  Peter  Bosen, 
Elena  Bosen,  Johannes  Benson,  Jacob  Dickman,  Catline  Dickman,  John 
Odell,  Anneke  Odell,  Adolph  Benson,  John  Romer  and  Elizabeth  Romer, 
parties  to  the  within  written  deed,  seal  and  deliver  the  same,  as  their 
voluntary  act  and  deed,  for  the  use  within  mentioned,  and  that  Abraham 
Meyer  did  signe  as  witness  with  him  at  the  same  time  ;  and  finding  no 
material  rasures  nor  interlineations,  but  what  was  taken  notice  of  before 
the  executing  the  same,  therefore  do  allow  the  same  to  be  recorded. 

HENRY  LANE. 


Recorded  in  the  office  of  the  Clerk  of  the  city  and  county  of  New 
York,  in  Liber  No.  80,  of  Conveyances,  &c,  Page  498,  this  19th  day  of 
July,  one  thousand  eight  hundred  and  eight,  at  half-past  eleven  o'clock, 
A.  M.  Examined  by 

T.  Wortman,  Clerk. 


33 


This  Indenture  made  the  first  day  of  May,  in  tho  year  of  our  Lord  one  thousand  ecven 
hundred  and  seventy,  between  Benjamin  Benson,  of  the  township  of  Harlem,  in  the 
county  and  province  of  New  York,  and  Susanah  his  wife,  of  the  ono  part,  and  Samson 
Benson,  junr.,  of  the  same  place,  of  the  other  part : — Witncsseth  that  the  said  Benjamin 
Benson  and  Susan  his  wife,  for  and  in  consideration  of  the  sumo  of  three  hundred  pounds, 
current  money  of  New  York,  to  the  said  Benjamin  Benson  in  hand  paid,  by  the  said 
Samson  Benson,  junr.,  at  or  before  the  ensealing  and  delivery  hereof,  the  receipt  whereof 
tho  said  Benjamin  Benson  doth  hereby  acknowledge,  and  himself  therewith  to  be  fully 
satisfied,  contented  and  paid,  and  thereof  and  therefrom  and  of  and  every  parcell  thereof 
doth  hereby  acquit,  exonerate  and  dischargo  him  the  said  Sampson  Benson,  junr.,  his 
heirs,  exocutors,  administrators  and  assigns  forever,  by  these  presents  have  granted, 
bargained  and  sold,  aliened,  released,  confirmed,  and  by  these  presents  do  fully,  freely  and 
absolutely  grant,  bargain,  sell,  alien,  release -and  confirm  unto  the  said  Sampson  Benson, 
junr.,  (in  his  actual  possession  now  being,  by  virtue  of  a  bargain  and  sale  to  him  thereof 
made,  for  one  whole  year,  by  indenture,  bearing  date  the  day  next  before  the  day  of  the  date 
of  these  presents,  and  by  force  of  the  statute  transfering  uses  into  possession,)  and  to  his 
heirs  and  assigns  forever  ;  All  that  certain  tract,  piece,  pareell  of  land,  situate,  lying  and 
being  in  tho  township  of  Harlem,  in  the  county  and  province  of  New  York,  containing 
twenty  acres,  be  the  same  more  or  less  ;  bounded  easterly  by  the  river,  southerly  by  the 
land  of  William  Waldron,  westerly  by  the  commons,  and  northerly  by  land  of  the 
aforesaid  Benjamin  Benson,  together  with  all  and  singular  the  edifices,  buildings,  sheds, 
gardens,  trees,  mines,  minerals,  ways,  paths,  passages,  woods,  underwoods,  waters 
water-courses,  fences,  easments,  profits,  comodities,  advantages,  emoluments  and  here- 
ditaments  whatsoever  to  the  said  tract,  piece  or  parcel  of  land  belonging,  or  in  any  wise 
appertaining,  or  which  now  are,  or  formerly  have  been  accepted,  reputed,  taken,  known, 
used,  occupied  or  enjoyed  to  or  with  the  same,  as  part,  parcell  or  member  thereof.  And 
also  the  reversion  and  reversions,  remainder  and  remainders,  rents  and  services  of  all  and 
singular  the  said  premises  above  mentioned,  and  of  every  part  parcell  thereof,  with  tho 
appurtenances.  And  also  all  the  estate,  right,  title,  interest,  claim  and  demand  whatso 
over,  as  well  in  equity  as  in  law,  of  them  the  said  Benjamin  Benson  and  Johanah  his  wife 
of,  in  and  to  all  and  singular  the  said  premises  above  mentioned,  and  of,  in  and  to  every 
part  and  parcell  thereof,  with  the  appurtenances ;  To  have  and  to  hold  all  and  singular 
the  said  lot,  piece  or  parcell  of  ground,  hereditaments  and  premises  abovo  mentioned,  and 
every  part  aud  parcell  thereof,  with  the  appurtenances,  unto  tho  said  Samson  Benson, 
junr.,  his  heirs  and  assigns,  to  the  only  proper  use  and  behoof  of  the  said  Sampson 
Benson,  junr.,  his  heirs  and  assigns  forever.  And  the  said  Benjamin  Benson,  and  his 
heirs,  the  said  heroby  granted  premises,  with  the  appurtenances  and  overy  part  and  parcel 
thereof,  unto  the  said-  Sampson  Benson,  junr.,  and  his  heirs  and  assigns,  and  every  of 
them,  against  the  said  Benjamin  Benson  and  Susannah  his  wifo,  and  each  of  them,  ami 
against  their  and  each  of  their  heirs  and  assigns,  and  all  and  every  other  person  or 
persons  whatsoever,  shall  and  will  warrant  and  by  these  presents  defend.  And  the  said 
Benjamin  Benson,  for  himself,  his  heirs,  executors  and  administrators  doth  covenant  and 
grant  to  and  with  the  said  Samson  Benson,  junr.,  and  his  heirs,  executors  and  administra- 
tors  in  manner  and  form  following,  that  is  to  say  : — That  he  the  said  Benjamin  Benson, 
now  is  the  true,  lawful  and  rightfull  owner  of  all  and  singular  the  said  lot,  piece  or  parcell 
of  ground,  hereditaments  and  premises  above  mentioned,  and  of  every  part  and  parrel  1 
thereof,  with  the  appurtenances.  And  also  that  he  the  said  Benjamin  Benson  now  is  law- 
fully and  rightfully  seized  in  his  own  right  of  a  good,  sure,  perfect,  indefeasible  estate  of 
inheritance,  in  fee  simple,  of  and  -  in  all  and  singular  the  said  premises  above  mentioned, 
with  the  appurtenances,  without  any  manner  of  condition,  mortgage,  limitation,  use  or 
uses,  payes,  or  other  matter,  cause  or  thing,  to  alter,  chango  or  determined  the  same. 
And  also  that  the  said  Benjamin  Benson  now  hath  good  right,  full  power  and  lawful 

5 


34 


authority  in  his  own  right  to  grant,  bargain,  sell  and  convey  all  and  singular  the  said  lot, 
piece  parcel  of  ground,  hereditaments  and  premises  above  mentioned,  with  tho  appur- 
tenances unto  the  said  Samson  Benson,  junr.,  his  heirs  and  assigns,  unto  the  only  proper 
use  and  behoof  of  the  said  Samson  Benson,  junr.,  his  heirs  and  assigns  forever,  accord- 
ing to  the  true  intent  and  meaning  of  these  presents.  And  also  that  he  the  said  Samson 
Benson,  junr.,  his  heirs  and  assigns,  shall  and  may  at  all  times  forever  hereafter  peaceable 
and  quietly  have,  hold,  occupy,  possess  and  enjoy  all  and  singular  the  said  lot,  piece  or 
parcell  of  ground,  hereditaments  and  premises  above  mentioned,  with  the  appurtenances, 
without  the  let,  trouble,  hindrence,  molestation,  interruption  or  denial  of  him  the  said 
Benjamin  Benson,  his  heirs  and  assigns,  and  all  and  every  other  person  or  persons  what- 
soever ;  and  that  frea  and  discharged  or  other  seizures,  bonds,  annuities,  writings,  obliga- 
tory statutes,  merchants,  and  of  the  staple  recognizance,  extents,  judgments,  executions, 
rents  and  arrearages  of  rents,  and  of  and  from  all  other  charges,  estates,  rights,  titles, 
troubles  and  incumbrances  whatsoever  had,  made,  committed,  done  or  suffered  by  the  said 
Benjamin  Benson,  or  any  other  person  or  persons  whatsoever,  claiming  or  to  claim  by 
him  or  under  him,  them  or  any  of  them. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  interchangeably  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 

BENJ.  BENSON,  [l.  s.j 
her 

SUSANNAH  x  BENSON,  [l.  s.j 
mark 

Sealed  and  delivered  ^ 
in  the  presence  of  ^ 

Andw  M'Gown. 
William  De  Lamarter. 

Received  the  day  of  date  of  the  within  written  indenture,  of  the  within  named 
Samson  Benson,  junr.,  the  sum  of  three  hundred  pounds,  being  the  consideration  money 
within  mentioned,  to  be  paid  by  him  to  me,    I  say  received  by  me, 

BENT  BENSIN 


This  Indenture  made  the  second  day  of  May,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  ninety-one,  between  Benjamin  Benson,  of  the  town  of  Harlem,  in 
the  out  ward  of  the  city  of  New  York,  gentleman,  and  Susannah  his  wife,  of  the  one 
part,  and  Samson  Benson,  of  said  Harlem,  farmer,  of  the  other  part : — Witnesseth  that 
they  the  said  Benjamin  Benson  and  Susannah  his  wife,  as  well  for  and  in  consideration 
of  the  natural  love  and  affection  which  they  the  said  Benjamin  Benson  and  Susannah 
hi6  wife  have  and  do  bear  to  their  son  the  said  Samson  Benson,   as  for  and  in  con- 


35 


sidoration  of  tho  sum  of  five  shillings  to  him  tho  said  Benjamin  in  hand  paid,  by  the 
said  Samson  Benson,  at  or  before  the  ensealing  and  delivery  of  theso  presents,  tho 
rocoipt  whereof  is  hereby  acknowledged,  have  given,  granted,  bargained  and  conveyed, 
and  by  these  presents  do  give,  grant,  bargain  and  convey  unto  tho  said  Samson  Benson, 
junr.,  his  heirs  and  assigns  forever,  in  his  actual  possession  now  being,)  All  that  cer- 
tain tract  or  farm,  piece  or  parcel  of  land,  with  tho  buildings  thereon  erected,  situate, 
lying  and  being  in  the  said  town  of  Harlem,  and  bounded  as  follows,  viz  : — beginning 
at  a  black  oak  stump  at  the  corner  of  land  belonging  unto  Lawrence  Benson,  on  the 
south  side  of  Mill  Creek  or  pond,  running  southwesterly  along  said  Lawrence  Benson's 
land,  to  a  run  of  water,  and  along  said  run  of  water,  till  it  meets  the  commons,  thence 
southerly  to  land  formerly  belonging  to  Benjamin  Waldron,  deceased,  thence  along  said 
Benjamin  Waldron's  land  to  the  land  of  William  Waldron,  deceased,  thence  eastorly 
along  said  land  to  the  drowned  meadows  or  marsh,  thence  northerly  and  easterly  along 
said  meadows  or  marsh,  till  it  comes  to  the  mouth  of  the  above  mentioned  mill  creek, 
thence  westerly  along  said  mill  creek  or  pond,  to  the  place  of  beginning,  (including 
all  tho  estate  of  the  said  Benjamin  Benson  and  Susannah  his  wife,  to  the  southward 
of  said  mill  creek  or  pond,)  and  whereon  the  said  Samson  Benson  now  lives  or  resides  ; 
together  with  all  and  singular  the  rights,  members,  hereditaments  and  appurtenances 
to  the  said  hereby  granted  premises  belonging  or  appertaining,  with  the  appurtenances, 
and  also  all  the  estate,  right,  title,  interest,  dower,  property,  posseision,  claim  and  de- 
mand, both  in  law  and  equity,  of  them  the  said  Benjamin  Benson  and  Susannah  his 
wife,  and  each  of  them  respectively,  of  in  and  to  the  said  hereby  granted  premises, 
and  every  part  and  parcel  thereof,  with  the  appurtenances,  and  the  reversion  and  re- 
versions, remainder  and  remainders,  rents,  issues  and  profits  of  all  and  singular  the 
said  hereby  granted  premises,  and  every  part  and  parcel  thereof,  with  the  appurtonanccs, 
To  have  and  to  hold  all  and  singular  the  said  hereby  granted  premises,  with  their  and 
every  of  their  rights,  members  and  appurtenances,  unto  the  said  Samson  Benson,  his 
heirs  and  assigns,  to  tho  sole  and  only  proper  use,  benefit  and  behoof  of  the  said  Samson 
Benson,  his  heirs  and  assigns  forever.  And  the  said  Benjamin  Benson  for  himself,  his 
heirs,  executors  and  administrators,  doth  by  these  presents  covenant,  grant  and  agree  to 
and  with  the  said  Samson  Benson,  his  heirs  and  assigns,  in  manner  and  form  following, 
that  is  to  say  : — That  he  the  said  Samson  Benson,  his  heirs  and  assigns,  shall  and  may  at 
all  time  and  times  forever  hereafter,  peaceably  and  quietly  have,  hold,  use,  occupy,  possess 
and  enjoy  all  and  singular  the  said  hereby  granted  premises,  with  the  appurtenances,  with- 
out the  let,  suit,  troublo,  hindrance,  molestation,  interruption  or  denial  of  him  the  said 
Benjamin  Benson,  his  heirs  or  assigns,  or  any  other  person  or  persons  whatsoever  having, 
or  lawfully  claiming  or  to  claim  any  estate,  right,  title  or  interest  of,  in  or  to  the  said 
hereby  granted  premises,  or  any  part  thereof,  by,  from,  or  under  him  the  said  Benja- 
min Benson 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  interchangeably  set 
their  hands  and  seals,  the  day  and  year  firsl  above  written. 

BENJAMIN  BENSIN,    [l.  3.] 

Sealed  and  delivered  ) 
in  the  presence  of  \ 

Sarah  Woods,- 
John  Woods.  " 


30 


Bo  it  remembered,  that  on  the  second  day  of  May,  in  the  year  of  our  Lord  one  t  housand 
soven  hundred  and  ninety-one,  personally  appeared  bcfore'me  John  Ray,  one  of  the  Mast  ers 
in  Chancery  for  the  State  of  Now  York,  the  within  namod  Benjamin  Benson,  and  acknow- 
ledged that  he  sealed  and  delivered  the  within  instrument,  as  his  voluntary  act  and  deed, 
for  the  uses  therein  mentioned,  and  I  having  inspected  the  same,  and  finding  no  material 
razures  or  interlineations  therein,  I  do  allow  it  to  bo  recorded  as  the  act  and  deed  of  the 
said  Benjamin  Benson.  JOHN  RAY. 

Recorded  in  the  office  of  Clerk  of  the  City  and  County  of  New  York,  in  Liber  No.  46, 
of  Conveyances,  &c.,  Page  558,  this  thirty-first  day  of  August,  1791. 

Examined  by  Robeiit  Benson,  Clork. 


Sampson  Benson  departed  this  life  intestate,  on  the  thirty -first  day  of 
January i  1821,  in  possession  of  the  premises  set  forth  in  the  last  deed, 
leaving  only  one  child  him  surviving,  to  wit : — Margaret  the  wife  of  Andrew 
Mc  Gown,  deceased,  who  is  his  only  heir  at  law. 

Andrew  Mc  Gown  departed  this  life  on  the  sixteenth  day  of  October,  1820. 

Andrew  Mc  Gown  was  married  to  Margaret  Benson  on  the  twenty  first  day 
of  November,  1784. 


